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North Carolina Libraries)As society becomesmore litigious,, librarians will seemore and moreusers seekinglegal materialsand assistance.Timothy L. Coggins, 1991qSpring 1991

SIRS Structuresthe Information ExplosionThousands of articles are availablein print with microfiche included, or on CD-ROMSIRS, the Social Issues Resources Series, provides thousandsof landmark articles structured into 32 social issues, five sciencedisciplines and two critical issues topics. Available are SIRSSocial Issues Series, SIRS Science Series and SIRS CriticalIssues Series.Each volume is updated annually, and contains articles reprintedin their entirety, a table of contents and index, a comprehen-sive index to the entire collection, catalog cards and microfiche(42x) of everything in the volume.SIRS is one of the most widely used resources in secondaryschools, colleges and public libraries.SIRS CD-ROM contains the same articles published in SIRS,SIRS Science and SIRS Critical Issues volumes for 1989 and1990. Ninety percent are full-text. When full-text is not available,abstracts are provided for the articles. Features include:bibliographic citations, easy-to-use indexes, help screens andfull or partial text print capability.Three different CD-ROM programs have been developed:1) SIRS Science CD-ROM is available now; 2) SIRS SocialIssues CD-ROM including the Critical Issues Series will beavailable in May 1991; 3) SIRS Combined CD-ROM includingall three series will be available in May 1991.SIRS CD-ROM runs on IBM and compatible computers and can7 * be used on one-campus local area networks at no additionalcharge. Demonstration diskette available.For information:ats Social Issues Resources Series, Inc.P.O. Box 2348bags, ce Boca Raton, FL 33427-2348 ike ad _4 Toll-Free: 1-800-232-SIRS * FAX: 407-994-4704

|141821252830Advertisers: Algonquin Books, 36;Book Wholesalers, 45; Broadfoot's, 8; CapitalConsortium, 32; Checkpoint, 39; CurrentEditions, 48; H. W. Wilson, 13; Ebsco, 17;Mumford Books, 39;North Carolina Central University, 24;Quality Books, 4; Salem Press, 48; SIRS, frontcover; Southeastern Book Co., 33;Southeastern Microfilm, 3;UNC Press, back cover.Volume 49, Number 1ISSN 0029-2540Spring 1991THEME ARTICLES: LAW AND THE LIBRARYForeword, Timothy L. CogginsCopyright Essentials for Librarians, James S. HellerLaw of Premises Liability as Applied to North Carolina Libraries, Thomas SteeleSexual Harassment in the Library: The Law, Laura N. GasawayAnswering Legal Questions: Reference or Unauthorized Practice of Law?,Janet SinderLibrary Security: One Solution, Nina N. Lyon and Warren GrahamCompiling the History of North Carolina Legislation, Louise H. StaffordThe Changing Role of the Law Firm Librarian: from Collection Curator toInformation Specialist and Educator, Constance M. MatzenBibliography of Selected Legal ResourcesFEATURES " SSSzzRE ze Ea ae RMR]From the PresidentPoint: Vote Yes for a County Law Library System, Anna DonnallyCounterpoint: Vote No for a County Law Library SystemLibrary Research in North CarolinaNorth Carolina BooksNCLA MinutesAbout the Authors. . .EditorTs Note: All footnotes in this issue of North Carolina Libraries, Law and the Library, are formattedaccording to the Uniform System of Citations, 14th edition, rather than the Chicago Manual of Style.iCover: Timothy L. Coggins, "Foreword," North Carolina Libraries 49 (Spring 1991): page 3.Cover Photo: Photo courtesy of Rose Simon, Dale H. Gramley Library, Salem College,Winston-Salem, NC.Cartoon: (page 22) Courtesy of Porter E. Taggart, Independence Branch Library, Charlotte, NC.* North Carolina Libraries, Vol. 49, No. 1, was designed by Pat Weathersbee of TeamMedia, Greenville, NC.The cover was produced electronically via photo scan/Macintosh manipulation to Varityper generated film.(Special thanks to John Lance of Walker Ross Printing Co., Rocky Mount, NC.) Other than the book jacket photosin "North Carolina Books" and certain advertisements, this journal has been electronically produced.

SoutheasternMicrofilm Inc.Product,Equipmentand ServiceThe established leader in innovativeapproaches to micrographics forrecords management.We Offer:¢ the most complete line of microfilmproducts, equipment and servicesin North Carolina;* the only full-service micrographicsprocessing center in the state;* state-wide equipment service &maintenance;* on-site microfilming services;* guaranteed ANSI & AIIM state,federal or Department ofDefense standards.We are an authorizedmicrographics dealer for""""wwMINOLTARaleigh ¢ Greensboro « Charlotte * AshevilleCall Toll Free: 1-800-532-02172 " Spring 1991From the PresidentJust six months until our biennial conference! Theenthusiasm is building within the organization and theprofession for the nationally known presenters that will bein High Point November12-15. I hope you have alreadymarked those days on your calendar.An interesting feature of the conference will be aWednesday morning session for potential leaders for theassociation and libraries. If you have an interest in beingmore involved, plan to attend the session to learn moreabout leadership skills and the North Carolina LibraryAssociation.Thanks to all of you who have participated in threesignificant activities for libraries during the past few months- the GovernorTs Conference on Libraries and InformationServices, the state Legislative Day, and the national Legis-lative Day. Each of these activities will make a difference forlibraries in the future.I look forward to participating in the White HouseConference on Libraries and Information Services in Julyand hope you will offer your support to all sixteen delegatesand alternates who were chosen at the GovernorTs Confer-ence. You will be hearing more about the delegates and thesixteen resolutions that will be going forward from NorthCarolina to the White House Conference. Let the delegatesknow what you think!There are other exciting things happening in the not-too-distant future. First, North Carolina will host the fall1994 conference of the Southeastern Library Association inCharlotte. Even though 1994 is a non-conference year forus, I foresee a lot of participation by North Carolina librarypersonnel. Think about what you would like to do to help.Charlotte and other cities across the southeast were in therunning for the opportunity to host the conference. Weshould all be proud of the proposal made by Charlotte andthe Public Library of Charlotte and Mecklenberg Countythat attracted the attention of the Executive Board of theSoutheastern Library Association.Secondly, members of our paraprofessional round table,the North Carolina Library Paraprofessional Association,have attracted national attention. Members participated inALA committee meetings at the January Midwinter Meetingand will showcase their round table in a poster session at theJuly convention in Atlanta. Show your support by droppingby the poster session. This kind of initiative may lead tomore paraprofessional participation in ALA and other stateassociations. Congratulations NCLPA!There is always a lot going on with libraries in NorthCarolina. I cannot repeat it often enough - please getinvolved. The North Carolina Library Association needsyou. Call 919 839-6252 for more information.Barbara Baker, PresidentNorth Carolina Libraries

steady rise in criminal and civil litigation contin-ues to add to the backlog of cases in state courts,the National Center for State Courts reports. Anawareness of legal issues, derived from oPeopleTsCourt,� oL.A. Law� and oEqual Justice,� presentslegal concepts and issues to the public and in-creases the potential for causes of action againstneighbors, family members, and others. A significant economicdownturn creates unemployment and other problems, causingpotential financial ruin and bankruptcy for North Carolina andU.S. citizens and businesses. Law firms faced with the sameeconomic environment cut staff (including attorneys) and nolonger accept certain types of cases.What do all these issues have to do with libraries? Poten-tially, quite a lot. As society becomesmore litigious, librarians will see moreand more users seeking legal materialsand assistance. As information special-ists, librarians must determine the typesof information that the public needsand must attempt to provide the re-sources necessary to locate this infor-mation. Economic problems may resultin more users attempting to handle legalproblems without the assistance of at-torneys. With mounting financial obli-gations and the possibility of no jobs,citizens might turn to public and otherlibraries to research their legal rights,options, and obligations. In other in-stances, law firms may not be interestedin accepting new clients, thereby leav-ing many citizens with no alternativeexcept self representation. Librarymanagers, on the other hand, must be-come knowledgeable of the legal impli-cations of library operations and theiractions and must protect libraries fromnegligence and other actions brought by employees and users.Libraries throughout North Carolina presently address some ofthe legal information demands of users, but they likely will befaced with many more legal issues and demands for legal infor-mation in the future. Unfortunately, many libraries are not ableto purchase necessary legal resources or to hire staff with legalresearch expertise to assist these users.aan eee reer eee ee ee ere ee ree ere areca eer eee rereNorth Carolina LibrariesForewordLibrary managers ...must becomeknowledgeable ofthe legal implicationsof library operations andtheir actions and mustprotect libraries fromnegligence and otheractions brought byemployees and users.Timothy L. Coggins, Guest EditorThis issue of North Carolina Libraries, oLaw and the Library,�presents an interesting and instructive collection of articles thatshould be helpful to North Carolina librarians. It includes articlesdiscussing one traditional library issue, copyright law, but alsoaddresses other relevant topics such as premises liability and sexdiscrimination that could affect librarians as managers andemployees. Other articles focus on the unauthorized practice oflaw, how to help patrons compile the history of a North CarolinaGeneral Statutes section, the legal and other implications ofdealing with the homeless and public library patrons withbehavior problems, and the role of a private sector librarianfunctioning in the law firm environment.Three articles deal with the law in substantive areas affectinglibrarians, managers and employees: copyright, premises liabil-ity, and sexual harassment. James HellerTsarticle on copyright law traces the devel-opment of copyright law in the UnitedStates and offers practical advice to librar-ians. Heller clarifies some ogrey� areas ofcopyright law and delineates the rights ofboth copyright owners and users of copy-righted works, including librarians andeducators. Thomas Steele provides an ex-tensive discussion of premises liability asapplied to North Carolina libraries. Hefocuses on the liability of librarians andlibraries for injuries sustained in the li-brary and presents a thorough analysis ofnegligence law and its implications. Steelealso offers a checklist to be used in librariesto guarantee that premises problems arereviewed and repaired before subjectingthe library to liability. Laura N. Gasawaydescribes one particular type of sex dis-crimination, sexual harassment, and itsimpact on library operations. She reviewsa series of court decisions that have de-veloped standards concerning anemployer's liability for sexual harassment. She concludes with adiscussion of what a library manager should do to avoid sexdiscrimination charges in his or her library and encourages thedevelopment of a sound, written sexual harassment policy.Another article addresses a critical issue to librarians: howmuch information can a librarian provide and at what point doesanswering a reference question become an unauthorized practiceSpring 1991 " 3

of law? Janet SinderTs thorough analysis of this topic begins witha discussion of the relevant sections of the North Carolina Gen-eral Statutes and presents reasons why it is important thatlibrarians not advise users regarding their legal rights. Sinderconcludes that librarians should provide as much assistance aspossible to patrons, including showing helpful and usefulmaterials, recommending books, etc., but they should stopshort of providing actual advice and interpreta-tion. Nina Lyon and Warren Graham of the PublicLibrary of Charlotte and Mecklenburg County fol-low with an analysis of the security problems facinglibraries in large urban centers. Behavioral problemsidentified by Lyon and Graham must be balancedwith the library usersT individual rights. The authorsdescribe the use of security and safety officers in apublic library and the development of rules andregulations governing conduct in the library. Theirprocesses and conclusions should be instructive toother librarians facing difficult security and be-havioral problems.Librarians faced with questions about olegis-lative history� can find guidance in Louise StaffordTs article aboutcompiling legislative history about North Carolina General Stat-utes sections. Stafford discusses two aspects of compiling legisla-tive history: tracing legislation and determining legislative intent.She interprets the North Carolina Supreme CourtTs perspectiveabout legislative history through an analysis of several courtdecisions. The final article in the series discusses the changingrole of the law firm librarian in todayTs law firms. Connie Matzenreveals a view of private sector librarianship that many librarianshave never seen. She presents the development of the law firmlibrarian from a ocollection keeper� and filer of looseleaf servicesto an information specialist, educator, and politician/publicrelations expert within the law firm.oPoint/Counterpoint� focuses on the development of acounty law library system in North Carolina. Many states have adetailed plan to provide law library services to thepublic and members of the bar, but North Carolinadoes not. Although several county law libraries existin North Carolina, no comprehensive and adequatelyfunded plan exists. Anna Donnally presents the viewof a public library librarian who is faced with ques-tions from users that require materials and expertisenot available in her library. Harry Tuchmayer arguesthat county law libraries are certainly valuable, butasks if it is a legitimate use of taxpayersT money to fundlibraries for a specific (and relatively small) group oflibrary users? The final installment of this theme issueis a bibliography of legal materials that should bebeneficial to North Carolina librarians. The bibliogra-phy lists basic primary and secondary legal research resources,but concentrates on some helpful titles about North Carolinalaw. While these titles vary in quality, substantive content, value,and scholarship, some of the titles might be helpful for somepublic, school, and academic library clients.I thank the authors for their excellent contributions to thisissue. I hope that all readers enjoy these articles and find somestimulating, practical, and beneficial information.The Librarians' SourceforNon-Fiction Small Presse Fill Collection Gaps " 1000 Publishers " 6000 Titlese Professional Selection Toolse 95% + Order fill " 72 Hourse Special Interest Videos1-800-323-4241 © Toll Free © 312-295-2010 © Call CollectQUALITY BOOKS INC.@@ a dawson companyJouN Hiccins, SALES REPRESENTATIVE4 " Spring 1991North Carolina Libraries

Copyright Essentials for Librarianshe United States Constitution authorizes Congressoto promote the progress of science and useful arts,by securing for limited times to authors and inventorsthe exclusive right to their respective writings anddiscoveries.�! The first federal copyright legislationappeared in 1790 when Congress secured copyrightin the authors of maps, charts and books. In the last200 years Congress has extended copyright protection to maps,charts, designs, etchings, and engravings (1802); musical com-positions (1831); photographs (1865); paintings, drawings, andsculptural works (1870); motion pictures (1912); sound record-ings (1972); and computer programs (1980).Today the Copyright Act of 1976,T along with interpretativejudicial decisions, sets forth the respective rights of copyrightowners and users of copyrighted materials. This article willpresent an overview of copyright law and how it applies to theactivities of librarians and educators.Copyright protection extends to original works of authorshipofixed in any tangible media of expression.�* In limiting copy-right protection to works that are ofixed,� Congress mandatedthat there be some concreteness to the work. For example, an oralpresentation may not be copyrighted, but the written speechupon which the presentation is based may be. Similarly, a livetelevision or radio broadcast is not ofixed,� but a recording of thebroadcast is and may be copyrighted.Not all works fixed in a tangible medium of expression aresubject to copyright protection, however. Although works pub-lished by state or local governments may be copyrighted, pub-lications of the United States government are in the publicdomain and are not copyrightable.* While facts may not becopyrighted because they lack originality, compilations of facts,such as almanacs, may qualify for copyright protection.Ideas or themes may not be copyrighted, although theexpression of an idea may. Therefore, although there can be nocopyright in the theme of a romance between a northern gun-runner anda southern girl in the antebellum South, the expressionof that idea in Margaret MitchellTs Gone With the Wind clearly iscopyrightable.In drafting the 1976 Act, Congress attempted to balance theoften competing rights of owners of copyrighted works and theneeds of users of those materials. Congress sought and encoutr-aged input from various interest groups, notably educators,librarians, authors and publishers. The resulting Act was a com-promise, with many of the troubling results that legislativecompromises create. Some provisions were intentionally leftambiguous for later interpretation by the courts. In other in-stances, notably classroom copying and off-air taping, guidelinesrather than legislation are provided.Both copyright owners and users of copyrighted works havetights under the 1976 Act. Copying for teaching, scholarship,North Carolina Librariesby James S. Hellerand research purposes are mentioned specifically in the fair useprovision of the Act.T Library copying, ° public performances ofaudiovisual or musical works for instructional purposes,T andcopying computer programs® also are addressed in the legisla-tion. It is these provisions of the Copyright Act which most affectlibrarians and educators, and upon which this article will focus.Before discussing how librarians and educators may use copy-righted works, it is helpful to discuss the rights of copyrightowners and the concept of infringement in the broader contextof property law.American law generally addresses three types of property.Personal property consists of goods, such as personal computersor books. Real property is land and things attached to land, suchas houses. Intellec-tual property " thelaw of patents,trademarks, andcopyrights " in-cludes manifesta-tions of a personTsthoughts.A propertyowner has the rightto use his or herIn drafting the1976 Act, Congressattempted to balancethe competing rightsof owners of copyrightedproperty within thebounds of the law. works and the needs ofThe property ownermay lease, sell, or Users Of those materials.give away the prop-erty. In short, theowner has the rightto dictate when and how his or her property shall be used. Likeother property owners, the owner of a copyrighted work also hascertain rights.Under the Copyright Act, a copyright owner has the right toreproduce his or her copyrighted work, publicly perform ordisplay the work, distribute the work, and prepare derivativeworks based on the original work.T Copyright infringement oc-curs when a copyright ownerTs rights are violated without his orher permission or absent the payment of royalties, unless theuserTs activity is permitted under another provision of the Act.'®he fair use of a copyrighted work, including reproduc-tion for purposes such as criticism, comment, teaching,scholarship, or research, is not an infringement. Thefair use provision is designed to be a flexible rule ofreason, and a determination as to whether a use is fairdepends on the particular facts of each case.To determine whether an activity involving copying isSpring 1991 " 5

eeallowed, a librarian usually should consider whether the copyingis permitted under section 107, even if the activity also appearsto be addressed by another provision of the Act. Indeed, eachexemption to the exclusive rights of the copyright owner is basedon what is considered to be an equitable balance between thecopyright owner's rights and the competing rights of users ofcopyrighted materials. The four factors that are considered in afair use analysis illustrate the balancing that is done in determiningwhether an activity qualifies for the fair use exemption.The first factor is the purpose and character of the use. As ageneral matter, non-profit educational uses are favored overcommercial uses. This does not mean that all non-profit uses arefair, nor that a profit-making motive will preclude a finding of fairuse. How the copyrighted work is used is simply one of severalfactors that will be considered in a fair use analysis.The second factor is the nature of the work copied. Librariansand educators should understand that there is greater room forcopying informational, scientific, or factual works than there isfor copying entertainment works.The third factor is how much of the copyrighted work iscopied. The more that is copied, the less likely it is that thecopying will be considered fair. While copying one article froma periodical, a chapter of a book, or a poem from a collective workwould in most instances be within the section 107 exemption,copying several articles from a periodical issue or a substantialportion of a book probably would not. "The final fair use factor is the effect of the use (or copying) onthe potential market for or value of the copyrighted work. Thisodiminished value� factor is considered the most important ofthe four factors. It is unlikely that a use will be considered fair ifthe value of or market for a work has been decreased because ofthe copying. This can be true even for non-profit educational usesof copyrighted materials.T�ection 107 provides that the fair use of a copyrightedwork for purposes such as oteaching (including multiplecopies for classroom use), scholarship, or research is notan infringement of copyright.� While much educationalcopying is presumptively fair, the Act does not state thatall such copying is allowed. What section 107 really says is thateducational copying is non-infringing when it is a fair use.Educational copying is not elsewhere addressed in the Act.Instead, there are guidelines.The Agreement on Guidelines for Classroom Copying in Not-for-Profit Educational Institutions was signed in March 1976 by rep-resentatives of authors, publishers, and educational interestgroups, and is included in the legislative history of the Act.TUnder the Guidelines, a teacher may provide one copy of acopyrighted work to each pupil if certain requirements, includ-ing brevity and spontaneity, are met, and if the cumulative effectof the copying does not endanger the copyright ownerTs rights.(Note how the latter requirement ties in with the fourth fair usefactor of harm to the copyright owner). The Guidelines also statethat educators cannot copy for the purpose of creating anthologies,compilations, or collective works. Educators wishing to makecopies for such purposes would first receive permission from thecopyright owner.Not all education groups agreed to the Guidelines. TheAmerican Association of University Professors (AAUP) and theAssociation of American Law Schools (AALS) felt that the Guidelineswere inappropriate for post-secondary education, and refused toendorse them. The American Library Association also believedthe Guidelines were unrealistic in the university setting, and in1982 published Model Policy Concerning College and UniversityPhotocopying for Classroom Research and Library Reserve Use.'° The6 " Spring 1991Model Policy offers broader guidelines for educators and librar-ians, and provides that certain copying for library reserve ispermissible.The Model Policy states that at a faculty memberTs request alibrary may copy and place on reserve excerpts from copyrightedworks owned by the library. The policy generally permits a libraryto make one copy of an entire article, chapter from a book, or apoem for reserve. Multiple copies may be made if (1) the amountof material copied and the number of copies made are reasonable;(2) each item includes a notice of copyright; and (3) the effect ofthe copying does not harm the market for the work. The ALAsuggests that no more than six copies be made for reservepurposes, that libraries avoid repetitive copying, that institutionsnot profit by reserve copying, and that libraries neither createanthologies nor copy consumable works.'®While copying within the ALA Model Policy appears to be fairuse, remember that not all copying for educational purposes isallowed under the Copyright Act. Both the Guidelines and the ModelPolicy place limits on educational copying. Although neither arethe law, they do provide valuable guidance to librarians and educators.ost single-copy photocopying of articles and ex-cerpts for personal research probably is fair use.The ALA recognizes this in its Model Policy, whichstates that instructors may make a single copy of achapter from a book, an article, short story, shortessay, or short poem for the purpose of scholarly research or usein teaching or preparing to teach a class.��Libraries and their employees are accorded special rightsunder section 108 of the Copyright Act. In order to qualify forsection 108 privileges, three initial criteria must be met: (1) thecopying must be done without a purpose of direct or indirectcommercial advantage; '8 (2) the libraryTs collection must beopen to the public or available to other persons doing research ina specialized field;'? and (3) copies must include a notice ofcopyright.�Section 108 addresses awide range of library photo-copying activities, includingcopying unpublished works, *1copying to replace lost, sto-len, or damaged copies ofpublished works, � and thepossible liability of librar-ies for infringing copyingdone on library photocopyequipment. �The library photocopy-ing exemption permits a li-brary to copy articles or smallexcerpts for patrons as longas three conditions are met:�(1) the copy becomes theproperty of the user; (2) thelibrary has no notice that the copy will be used for a purpose otherthan private study, scholarship, or research;� and (3) the librarydisplays at the place where orders are accepted and includes onits order form a warning of copyright.�° Most single (rather thanmultiple) copying of articles or small excerpts for educators,students, or researchers would be permitted under section 108 ifthe other requirements of that section are met. The right to copyan entire work " as distinguished from copying articles orexcerpts " is more limited. Such copying is permissible only ifthe requirements noted in section 108 (d) are met, and if a newor used copy cannot be obtained at a fair price.�All librariansshould be awareof the prohibitionagainst systematiccopying ordistribution.North Carolina Libraries

LSAll librarians should be aware of the prohibition againstsystematic copying or distribution. ** While single copies of thesame materials (the same article, for example) may be copied anddistributed if each copying transaction is unrelated, a libraryshould not subscribe to one copy of a journal or newsletter andregularly make copies of articles for its institutional members.Neither may several libraries in a library system agree that one ofthe libraries subscribe to a periodical, and the subscribing librarysystematically copy articles from that periodical for the otherlibraries. This does not mean that interlibrary copying is pro-hibited, however.Interlibrary Loan CopyingLibraries may participate in interlibrary arrangements so long asthe library receiving copies of copyrighted works is not using thecopies asa substitute for a subscription to or purchase of the work.The CONTU Guidelines�? provide guidance on permissible copy-ing for interlibrary purposes. Generally:(1) In any one year a library should not request more thanfive copies of articles published within the last five yearsfrom the same journal title (the CONTU Rule of Five).Supplying libraries should not fill requests for copiesunless the requesting library represents that the requestconforms to-the Guidelines or another provision of theAct (e.g., section 107). (Always remember that the librarydoing the copying may be liable for infringement).Libraries should maintain records of copies requestedunder interlibrary arrangements for three years.(2)(3)Non-Book MaterialsCopying under section 108 is limited effectively to books, peri-odicals, and sound recordings. Copying a musical, pictorial,graphic, sculptural, motion picture, or other audiovisual work ispermitted only under the following three circumstances: (1) forthe purpose of security or to preserve an unpublished workalready owned by the library; (2) to replace a lost, stolen, ordeteriorating copy of a published work when an unused re-placement cannot be obtained at a fair price; or (3) the work is anaudio-visual work dealing with the news.*°VideosThe owner of a copyrighted videocassette or film retains the rightto copy and distribute his or her work. A library may not copy avideo to change formats (e.g., from Beta to VHS) or to make anarchival copy. The copyright owner also has the right to publiclyperform his or her audiovisual works.*! Most of the questionslibrarians have about copyright and videos seem to revolvearound the public performance right. Many librarians want toknow under what circumstances they may lend videotapes, andwhether videos can be viewed by patrons within the library.Lending videos usually poses no problem unless there isreason to believe that the borrower will engage in an unlawfulpublic performance of the video. While allowing an individual toview a videocassette in a private viewing room within the libraryprobably is permissible,*� allowing even small groups to view atape within the library is more problematic. Playing the tapebefore a large group " even if no fee is charged " clearly isinfringing without the copyright ownerTs permission, unless theuse is considered educational or instructional and is thereforepermitted under section 110(1) of the Act.*Sound RecordingsThe copyright owner of a sound recording (i.e., a record, tape, orcompact disk) has the exclusive right to reproduce and distributeNorth Carolina Librariesthe work.*4 Libraries clearly may lend sound recordings to theirpatrons. But while a library may be tempted to make copies ofsound recordings for lending or archival purposes (i.e., copyingarecord onto tape and lending the tape but not the record), thatactivity clearly is infringing. Instead, a library should purchase asmany copies of the work and in as many formats as it needs.Gomputier Programs _ 2% ssvis iiigitoos oii to voirComputer programs, like other works that are original and fixed,are copyrightable.** Congress, in its wisdom, allows softwareowners to copy software for three specific purposes: (1) to modifythe program to suit the purchaser's specific needs; (2) to create asubstantially different program that arrives at the same result asthe first program but uses different methods; or (3) to make anarchival copy. Whether other copying is permissible wouldlargely depend upon an application of the fair use provision. Alibrary district may not purchase one copy of a software packageand make copies for each branch in the district; such use wouldnot be fair.Downloading, or transmitting online data to a local storagemedium, clearly entails making a copy. Downloading is permis-sible if it is a fair use. If the downloaded data is used in a formatidentical to that which appeared in the original form, the useprobably is not fair. Substantial reformatting of the data might beconsidered a fair use, however, although one must be aware of theprohibition against creating a derivative work.*°t took Congress nearly thirty years to revise the CopyrightAct of 1909; it may be well into the 21st century beforethere is another complete revision of the 1976 Act. The1976 Act, unfortunately, often seems to present morequestions than answers. Notwithstanding the grayness ofAmerican copyright law " or perhaps because of it " librariansshould be aware of the Act, pertinent legislative history materials(including the Guidelines), publications of the ALA and otherlibrary, author, or publisher organizations, and articles and bookson copyright that illuminate the issues and offer some guidance.Copyright owners, particularly publishers, will continue toassert what they believe to be their rights under the Act. Whilelibrarians, . . . educators, and other consumers of intellectualproperty must be aware of the rights of copyright owners, theyshould also be aware of their rights as users of copyrighted works.© James S. HellerReferencesU.S. Const. art. I, § 8, cl. 8.17 U.S.C. §§ 101-801 (1988).17 U.S.C. § 102 (1988).17 U.S.C. § 105 (1988).17 U.S.C. § 107 (1988).17 U.S.C. § 108 (1988).17 US.C. § 110 (1988).17 U.S.C. § 117 (1988).. 17US.C. § 106 (1988).10. 17 U.S.C. § 107-118 (1988).11. Note that section 108 permits a library to copy an entirebook under certain circumstances.12. See Encyclopaedia Britannica V. Crooks, 542 F. Supp. 1156(W.D.N.Y. 1982), where the court held that copying for educationalpurposes was not fair because the copying supplanted the market forwhich the educational works were created.13. H.R. Rep. No. 1476, 94th Cong., 2nd Sess. 68-70, reprinted in1976 U.S. Cong. & Admin. News 5681-83.14. See Cong. Rec. 31,986 (1976).CONAARWNSpring 1991 " 7

eT15. American Library Association,Model Policy Concerning College and UniversityCopying for Classroom Research and LibraryReserve Use (1982).16. Former Register of CopyrightsDavid Ladd has stated that reserve copying ispermitted only under section 107 or with thepermission of the copyright owner. Hefurther stated that a library should receive thecopyright ownerTs permission before it makesmultiple reserve reserve copies for multiple-term retention. U.S. Copyright Office, Reportof the Register of Copyrights: Library Reproduc-tion of Copyrighted Works (17 U.S.C. 108) 108-111 (1983).17. ALA Model Policy, supra note 15, at 4.18. According to the House Report, theoadvantage� must connect to the immediatecommercial motivation of the reproduction,not to the ultimate profit-making status ofthe institution. House Report, supra note 13,at 75. This means that libraries in for-profitinstitutions, such as corporations or lawfirms, may qualify for the section 108exemption.19. The library need not have a totallyopen access policy; participation ininterlibrary lending arrangements with otherlibraries should meet the oopen or available�requirement.20. Although it is unclear whether thismeans the section 401 statutory notice, it iswise to include the formal notice of copyrightwhenever possible.BROADFOOT'S21. 17 U.S.C. § 108(b) (1988).22. 17 U.S.C. § 108(c) (1988).23. 17 U.S.C. § 108(f) (1988). Librariesare advised to tape to each public accesscopier a notice that oThe making of a copymay be subject to the United States CopyrightLaw (Title 17 United States Code).�24. 17 U.S.C. § 108(d) (1988).25. For example, copying cannot bejustified under section 108(d) if a library staffmember knows that a for-profit informationbroker requested the photocopy.26. oNotice: Warning ConcerningCopyright Restrictions: The copyright law ofthe United States (Title 17, United StatesCode) governs the making of photocopies orother reproductions of copyrighted material.Under certain conditions specified in the law,libraries and archives are authorized tofurnish a photocopy or other reproduction.One of these specified conditions is that thephotocopy or reproduction is not to be ousedfor a purpose other than private study,scholarship, or research.� If a user makes arequest for, or later uses, a photocopy or areproduction for purposes in excess of ofairuse,� that user may be liable for copyrightinfringement. This institution reserves theright to refuse to accept a copying order if, inits judgment, fulfillment of the order wouldinvolve violation of copyright law.� 37 C.F.R.§ 201.14 (1989).27. 17 U.S.C. § 108(e) (1988).28. 17 U.S.C. § 108(g) (1988)."Since 1971"29. National Commission on NewTechnological Uses of Copyrighted Works,Guidelines for the Proviso of Subsection 108 (g)(2), published in H.R. Rep. No. 1733 (Confer-ence) 94th Cong., 2nd Sess. 72-73 (1976).30. 17 U.S.C. § 108(h) (1988).31. 17 U.S.C. § 106(4) (1988).32. The Attorney General of Ohio,however, has concluded that the display ofcopyrighted video tapes at a public library isan infringing public performance because ofthe libraryTs accessibility to the public. OhioAttTy Gen. Op. 87-108 (1987), 1987 CopyrightL. Rep. (CHH) { 26,240.33. 17U.S.C. § 110(1) (1988). Thesection 110 exception permits in-classperformance of copyrighted videos undercertain circumstances. See also Reed andStanck, Library and Classroom Use of Copy-righted Videotapes and Computer Software,reprinted in Am. Libr., Feb. 1986, at 120.34. 17 U.S.C. § 106 (1988). Althoughthere is no public performance right in asound recording, there is a performance rightin the underlying musical work " the song.The copyright owner of the song (i.e., thecomposition or lyrics) retains the right tocontrol public performances of the work.Absent permission of the copyright owner ofthe musical work, public performances arepermitted only for those works that are in thepublic domain.Soe PU Sic, 6 lly (Go).36. 17US.C. § 106(2) (1938). "-North Carolina Book Sellers Helping North Carolina LibrariansBroadfoot's of Wendell6624 Robertson Pond Road ¢ Wendell, NC 27591 © (919) 365-6963The largest selection of North Carolina books anywhereFree Catalog Cards ¢ Same Day ShipmentCatalog on requestBROADFOOT PUBLISHING COMPANYRoute 4, Box 508-C ¢ Wilmington, NC 28405 ¢ (919) 686-4379Publishers of historical and genealogical reference sets.Now reprinting North Carolina Troops " Volumes !-VII& " Spring 1991Catalog on requestNorth Carolina Libraries

The Law of Premises LiabilityAs Applied toNorth Carolina LibrariesThe literature of librarianshipand the law, while not exten-sive, is dominated by articleson malpractice, unauthorizedpractice, censorship, andcopyright.T Yet, there are morecomplaints filed against li-braries for personal injuries than for any ofthe above actions except for employmentrelations lawsuits. This article will focusupon actions against libraries and librariansfor injuries sustained on premises of NorthCarolina libraries. While more commonthan malpractice and copyright actions,personal injury cases against libraries inNorth Carolina are rare for reasons otherthan relative safety of library premises.The liability of librarians and librariesfor injuries sustained in the library is notas clear-cut as might appear at first glance.The normal rules of negligence law do notnecessarily apply because of the peculiartraditional general legal rules involvingthe liability of landowners and land pos-sessors and because some libraries andlibrarians are shielded by the doctrine ofsovereign immunity and by North Caro-lina statutory law. An interesting andprobably fallacious hypothesis is that li-braries are not sued because they are likeomom, flag, and apple pie� or becausethey are not odeep pockets� or are ojudg-ment proof�" that is, libraries do nothave adequate funds to pay a large moneyjudgment.The liability exposure of libraries andlibrarians to persons injured on the pre-mises is determined by several factors: thetype of library, the type of injured party,and the manner in which the injury wascaused. In North Carolina, municipal andcounty libraries are shielded partially fromliability by the doctrine of sovereign im-munity.T State libraries, including those atstate-supported academic institutions, mayNorth Carolina Librariesbe sued under the North Carolina TortClaims Act.T Libraries which operate asparts of for-profit businesses, corporatelibraries, and law firm libraries generallyfall under the rules of premises liabilitythat have been developed over the pasttwo centuries in North Carolina or havebeen developed elsewhere and adopted inNorth Carolina. The liability of libraries ofcharitable and educational organizations"museums, charity hospitals, private aca-demic libraries"was once deflected by thedoctrine of charitable immunity, but thathas been removed. They now face the samelevel of liability as corporate libraries.Under the arcane rules of premisesliability, the rea-SOM yeLOrye y theindividualTspresence on thelibraryTs premisesmay have more todo with the likeli-hood of his beingable to recoverdamages for hisinjuries thananything else.Three classes orstatuses of usersare recognized:trespassers, lic-ensees, and invitees. Recovery may also bedenied or limited if the library and its staffexercised reasonable care in keeping thepremises safe. Recovery may also dependupon whether the condition deemed tocause the injury is so obvious that anyreasonable person would know to avoidthe danger or upon whether the dangerwas hidden. Finally, the condition musthave caused the injury.All of the above assumes that theinjury was caused by negligence. Users oflibraries can also be injured intentionallyby Thomas Steeleby library personnel. For example, amem-ber of the library staff might assault aparticularly troublesome patron. The au-thor has found no such case, but can easilyimagine its occurrence.This article will explore the types ofinjuries that have occurred in libraries inNorth Carolina and nationally, as well asthe most common kinds of injuries sufferedby individuals on various premises. Then,the author will discuss the law of premisesliability in North Carolina. Next, the articlewill explore immunities that shield certaintypes of libraries. Finally, it will conclude withsome suggestions for minimizing the risk ofinjury to library staff and users.... the reason for the individual'spresence on the library's premises mayhave more to do with the likelihood ofhis being able to recover damages forhis injuries than anything else.Types and Causes of InjuriesSustained In LibrariesNationwide, the most frequent injuriessustained by library users are those involv-ing a slip and fall. Generally, the mostcommon causes of those injuries are im-properly constructed or maintained stairsor steps, foreign substances (usually liq-uid) on the floor,T and objects on floorsand stairs.T Library users are also often in-jured by falling on sidewalks just outsideSpring 1991 " 9

libraries* and in entryways.T These falls areusually caused by icy pavement,T the de-fective design or construction of the walk-way, or improper maintenance of thesurface. Children have become injured onfences.'! Construction workers and police-men have fallen through roofs and sky-lights.T Users have also been injured byassailants who attacked them in the li-brary.T Library users have also been in-jured by defective elevator doors.'* Con-Nationwide, the most frequentinjuries sustained by libraryusers are those involvinga slip and fall.struction activities, including falling scaf-folding, have caused other injuries.T In theonly North Carolina case involving a li-brary, Siebold v. Kinston-Lenoir County PublicLibrary, the injury was caused by a slip andfall on oentrance stairs.�A look at injuries occurring on thepremises of other public and business op-erations, however, is helpful to determinewhat can happen. Generally most injurieshave been caused by slips and falls onslippery spots or foreign substances onfloors,'©and worn carpeting or metal strips!�on stairs and steps.'® In addition, injurieshave included falls from defective chairs,'°falling objects striking users,�° or the col-lapse of tables.�Finally, there are cases involving inju-ries caused by acts of third parties.� In fact,liability for the criminal acts of third partiesis an area of increasing concern since librar-ies can be held to a standard of reasonableknowledge that such acts can occur.Liability for Injuries Occurringon the Premises of NorthCarolina LibrariesInjuries on library premises and, in fact,on most premises are only rarely claimedto be the result of an intentional act.Commonly, the injury is claimed to haveoccurred because of the negligence of thosein charge of the premises. Negligence hasbecome the predominant cause of actionfor accidental injuries in the country, butits elements are misunderstood by lay-persons and many lawyers.� It consists offour elements: (1) a duty on someoneTspart to conform to a standard of conduct10 " Spring 1991in order to protect others from unreason-able risks; (2) a breach of that duty; (3) acausal connection between the breach andinjury to another; and (4) actual loss causedby the injury.o In most American juris-dictions, the duty owed to someone whocomes onto the premises depends uponhis or her status as either a trespasser,licensee, or invitee.The level of duty of care required istied directly to the nature of the personTsbusiness while on thelibraryTs premises. For ex-ample, if an individual ison the premises withoutpermission, he or she iscategorized as a trespasser.The library owes no dutyto trespassers other thanto refrain from intention-ally injuring them.� In-tentional acts could in-clude such acts as a thirdparty physically attackingusers or setting traps for them.�° There isone significant exception to this rule. Thechild trespasser rule states that a propertyowner may be held liable even though achild is a trespasser if (1) the owner knowsthat children likely will trespass on theproperty; (2) if there is a man-made cre-ation on the property that poses seriousrisk to children that thechildren could notcomprehend; ard (3)if the owner failed touse reasonable care inthe maintenance of theartificial condition.��Water hazards (such asgoldfish ponds), con-struction sites, playequipment, and sky-lights�* are the kinds of artificial construc-tion conditions that might be found in oraround libraries.If an individual is on the premisessolely for his own benefit and not for thatof the landowner, he is called a licensee.�The libraryTs duty is not to intentionally orrecklessly injure him. Only rarely wouldlibrary users be defined as being licensees.For example, if a library were located in anon-public area of a corporate headquar-ters or law firm, customers or clients whowander into the library might be termedlicensees. Staff areas of public librariesmight also be areas where a library userwould be classified as a licensee.While no case in North Carolina hasstated it expressly, case law in other juris-dictions and analogous situations in NorthCarolina seem to indicate that most li-brary users and employees fall into theclass of invitees. Whether library users areclassed as invitees or licensees is very im-portant. Recovery for injuries and thusliability is much more likely if the indi-vidual is an invitee. If the area clearly isidentified for library employees only, andnot an area that is a normal part of thepublic areas of the building, it is morelikely that the individual will be termed alicensee.*° For example, a patron who leavesa public area to go to a non-public restroom and is injured in the non-public areahas been held to be a licensee and not aninvitee.*1 However, repairmen,?� con-struction workers,** and employees** havebeen identified as invitees. Any place thatthe public is expected to go is considereda public area.*A library owes the highest duty to aninvitee. Invitees are those individuals whocome onto the property by invitation ei-ther express or implied and for the mutualbenefit of the library and the individual.The duty is to exercise reasonable care tokeep the library premises safe and to warnof non-obvious dangers.*°Generally, the library premises mustbe kept reasonably safe.*�? Keeping thepremises reasonably safe includes makingreasonable inspections.** Compliance withthe Building Code in constructing abuilding is also considered reasonable.*?Even conditions created by the injuredNegligence has become thepredominant cause of action foraccidental injuries in the country ....party have been held to be actionable ifthere is a continuing series of acts thatwould give the landowner notice.*�The library has no duty to warn usersabout obvious dangers, but has a duty towarn about hidden dangers. Displayingmerchandise* or information� in a placethat is by an unguarded handrail can di-vert the attention and obscure an obviouscondition. However, uneven pavement,a step, ** and adjacent areas of tile andlinoleum* and even a chair in a darkeneddance hall** have been held so obviousthat there is no duty to warn.The library owes a duty to invitees toreasonably care for the library premises andwarn of non-obvious dangers. Even if thatduty is not breached, the library may stillnotbe held liable for an injury if the libraryTsactions did not cause the injury.*T The in-jured party must prove that the libraryTsfailure to fulfill its duty caused the injury.North Carolina Libraries

""" a.Public and Public SchoolLibrariesStatutes and common law limit the liabilitythat exists for personal injuries that arecaused by the negligence of county and citypublicand school library personnel. It hasbeen held that municipalities may not besued for personal injuries as long as themunicipality engages in a proper govern-mental function*®? as opposed to a propri-etary function.®° The operation of a publiclibrary has been held to be a governmentalfunction, and thus the municipality, thelibrary, and the librarians may not be heldliable in tort for negligence in maintainingthe library.5' However, this governmentalimmunity may be waived by the purchaseof liability insurance under N.C.G.S. §160A-485.°2 The city may not waive itsimmunity for any other reason than thepurchase of liability insurance.** Althoughthere is no case law, public libraries oper-ated by regional library districts are appar-ently in the same situation as municipallibraries. Library systems are authorized bystatute and are created as cooperative ven-tures of municipalities and/or counties.The effect of the statutes and thegovernmental immunity doctrine has beento limit litigation in this area. No otherpersonal injury case, other than theSiebold case, involving a public libraryhas come before either the North CarolinaCourt of Appeals or the Supreme Court ofNorth Carolina.Public librarians should not feel thatthey are immune from lawsuits arisingfrom injuries to library users; however,while there has been no case involvinglibraries, it is clear that liability may existfor international torts.*° The governmen-tal immunity doctrine only applies if theemployee is engaged in the governmentalfunction. An international act of a libraryWeekly inspections of librarypremises with an inspection sheetare recommended.employee may be ultra vires, that is, out-side the scope of employment; the librarywould probably not be held liable, but theemployee might be. Examples of this typeof conduct might include an assault upona library user by a circulation clerk or thesetting of a trap to catch a library user whoNorth Carolina Librarieswas committing an infraction of libraryrules. In this situation, the library em-ployee would have intentionally causedan injury.Academic and Other Private Non-Profit LibrariesUntil the 1960s charitable institutions"private academic institutions, churches,and charity hospitals"were shielded sub-stantially from liability by the charitableimmunity doctrine.** However, this is nolonger the case. The liability of academiclibraries and other non-profit institutionsis thus determined by the law of premisesliability summarized earlier in the article.Libraries of For-ProfitOrganizationLibraries in corporations, law firms, for-profit medical hospitals, and other for-profit libraries are all subject to the generallaw governing premises liability in NorthCarolina. Many such libraries are not inpublic areas or are not open to the public.Thus, injured individuals other than em-ployees, workmen, and others*T might beconsidered to be licensees.Libraries Operated by StateAgencies and InstitutionsLibraries in state agencies and institutionsincluding state college and university li-braries are not shielded by the govern-mental immunity doctrine as are localgovernment libraries. Instead, injuries oc-.curring on these premises are governed bythe North Carolina Tort Claims Act.** Whilethe general rules governing liability forlibraries of non-profit organizations apply,there are two very important conditions.First, the North Carolina Industrial Com-mission rather than the courts hears suchclaims.°? Second, dam-ages are limited to$100,000. Claims underthis act are strictly lim-ited to negligenceclaims.© Claims for in-tentional torts caused byacts of officers while inthe line of duty are notcovered.°!ConclusionQuite apart from the liability of librariesand librarians, all librarians prefer thatinjuries on library premises be reduced.The best way to do this is to exercise soundprofessional judgment when dealing withpotentially dangerous conditions. Con-sultations with safety experts, engineers,and architects, as well as the use of pub-lished standard sources� should take placeduring the design phase. An inspectionsheet produced after consultation withengineers, building inspectors, fire safetyofficers, and lawyers is probably the bestway to avoid injuries and, coincidentally,to produce documentary evidence of dili-gence in maintaining library premises (seeAppendix). Weekly inspections of librarypremises with an inspection sheet are rec-ommended. Library managers should fol-low up with maintenance personnel whenproblems are noted, to ensure that repairsare properly done; and they should keep afile of all inspection sheets, work orders,and memoranda regarding repairs. Suchsimple common sense steps do not requirelegal training, just sound judgment inprofessionally managing a library.References1. Readers should also consult D. Logan:N.C. Tort Practice Manual (rev. ed. 1990) forbroader, more in-depth coverage of premisesliability law in North Carolina.2. Lynch, oLet it be me: A Bibliography onLibrarian Malpractice,� 16 Southeastern Law Li-brarian, Fall 1990, at 5; see also Steele, oTheLiability of Librarians for Negligence,� 26 PublicLib. 127 (1987).3. Siebold v. Kinston-Lenoir County Public Li-brary, 264 N.C. 360, 141 S.E.2d 519 (1965).4. N.C.Gen. Stat. §§ 143-291 - 143-300.1 1990.5. Siebold, 264 N.C. 360, 141 S.E.2d 519(1965).6. Lowe v. City of New York, 110 A.D.2d 825,488 N.Y.S.2d 621 (1985).7. LaMarcov. Brooklyn Public Library, 256 A.D.954, 10 N.Y.S.2d 129 (1939).8. Rawlings v. Angelo State University, 648$.W.2d 430 (Tex Civ. App. 1983).9. Siebold, 264 N.C. 360, 141 S.E.2d 519(196S).10. Plymale v. Sabina Public Library, No. 870-02-005 (Ohio Ct. App. Dec. 21, 1987)(WESTLAW, States database, OH file).11. Roffenbender v. City of New York, 17N.Y.2d 754, 217 N.E.2d 38, 270 N.Y.S.2d 214(1966).12. Paz v. City of New York, 157 A.D.2d 562,550 N.Y.S.2d 304 (1990).13. Oreonv. City of St. Louis Municipal LibraryDistrict, 780 S.W.2d 60 (Mo. App. 1989).14. Papadopoulou v. Indiana University Boardof Trustees, No. 1P-80-499-C (S.D. Ind. 1981).15. Robey v. Keller, 114 F.2d 790 (4th Cir.1940).16. Duggins v. Colonial Stores, Inc., 323 F.2d117 (4th Cir. 1963); Register v. Great Atlantic &Pacific Tea Co., 235 F.Supp. 847 (E.D.N.C. 1964);Norris v. BelkTs Dept. Store of Dunn, Inc., 259 N.C.359, 130 S.E.2d 537 (1963).17. Hedgepeth v. RoseTs Stores, Inc., 40 N.C.Spring 1991 " 11

Na.App. 11, 251 S.E.2d 894 (1979).18. Southerland v. Kapp, 59 N.C. App. 94,295 S.E.2d 602 (1982).19. Husketh v. Convenient Systems, Inc., 295N.C. 459, 245 S.E.2d 507 (1978).20. Keith v. S.S. Kresge Co., 29 N.C.App. 579,225 S.E.2d 135 (1976).21. Aarhus v. Wake Forest Univ., 57 N.C. App.405, 291 S.E.2d 837 (1982).22. Munrow v. Daniels, 321 N.C. 494, 364S.E.2d 392 (1988).23. W. Keeton, D. Dobbs, R. Keeton & D.Owen, Prosser &Keeton on The Law of Torts at §28, at 161 (W. Keeton, Sth ed. 1984).24. Id. at § 30, at 164-65.25. Deanv. Wilson Construction Co., 251 N.C.$81, 111 S.E.2d 827 (1960).26. See Katkov. Briney, 183 N.W.2d 657 (Iowa1971) where the defendant landowner set aspring-gun trap.27. Broadway v. Blythe Industries, Inc., 313N.C. 150, 326 S.E.2d 266 (1985).28. Forte v. Dillard Paper Co., 35 N.C. App.340, 241 S.E.2d 394 (1978).29. Logan, Id.30. Samuel v. Simmons, 50 N.C. App. 406,273 S.E.2d 761 (1981).31. B. Cupitav. Carmel Country Club, 252N.C.346, 113 S.E.2d 712 (1960).34. Bemont v. Isenhour, 249 N.C. 106, 105S.E.2d 431 (1958).35. Hicks v. Food Lion, 94 N.C. App. 85, 379S.E.2d 677 (1989). Parking lots, entrances andadjacent sidewalks have been held to be in-cluded.36. Bolkhir v. North Carolina State Univ., 321N.C. 706, 365 S.E.2d 898 (1988); Lyvere v. InglesMarkets, 36N.C. App. 560, 244S.E.2d 437 (1978).37. Bolkhir v. North Carolina State Univ., 321N.C. 706, 365 S.E.2d 898, 45 Educ. L. Reptr. 393(1988).38. Grady v. J.C. Penney, 260 N.C. 745, 133S.E.2d 678 (1963).39. Moon v. Bostian Heights Volunteer FireDepartment, 97 N.C. App. 110, 387 S.E.2d 225(1990).40. Bolkhir, 321 N.C. 706, 356 S.E.2d 898(1988).41. Thomas v. Dixson, 88 N.C. App. 337, 363S.E.2d 209 (1988).42. Walkerv. County of Randolph County, 251N.C. 805, 112 S.E.2d 551 (1960).43. Little v. Wilson Oil Corp., 249 N.C. 773,107 S.E.2d 729 (1959); Evans v. Batten, 262 N.C.601, 138 S.E.2d 213 (1964).44. Benton v. United Bank Building Company,223 N.C. 809, 28 S.E.2d 491 (1944).45. Evans v. Batten, 262 N.C. 601, 138S.E.2d263 N.C. 769, 140 S.E.2d 355 (1968).48. N.C.Gen. Stat. § 160A-485 (1987) (mu-nicipalities); N.C.Gen. Stat. § 153A-435 (1987)(counties), The first expression of this doctrineis found in Russell v. Men of Devon, 100 Eng. Rep.359 (K.B. 1788).49. Siebold v. Kinston-Lenoir County PublicLibrary, 264 N.C. 360, 141 S.E.2d 519 (1965).50. Rich v. City of Goldsboro, 282 N.C. 383,192 S.E.2d 824 (1972).51. Siebold, 264 N.C. 360, 141 S.E.2d 519(1965).52. Siebold v. City of Kinston, 268 N.C. 615,151 S.E.2d 654 (1966).53. N.C.Gen. Stat. § 160A-485 (1989).54. N.C.Gen. Stat. § 153A-270 (1987);N.C.Gen. Stat., §§ 160A-460 - 160A-464 (1987).55. Dickersonv. Atlantic Refining Co., 201 N.C.90, 159 S.E. 446 (1931).56. Rabonv. Rowan Memorial Hosp., 269 N.C.1, 152S.E.2d 485 (1967); N.C.Gen. Stat. § 1-539.9(1989).57. Logan, Id.58. N.C.Gen. Stat. §§ 143-291 - 143-300.1(1990).59. N.C.Gen. Stat. § 143-291 (1990).60. North Carolina Tort Practice Handbook316 (rev. ed. 1955).61. Jenkins v. North Carolina DepTt. of Motor32. Paffordv.J.A. Jones ConstructionCo.,217 213 (1989). Vehicles, 244 N.C. 560, 94 S.E.2d 577 (1956).N.C. 730, 9 S.E.2d 408 (1940). 46. Revis v. Orr, 234N.C. 158, 66 S.E.2d 652 62. E. Mason., Mason on Library Buildings33. Spivey v. Babcock & Wilcox Co.,264N.C. (1951). (1980). Fewreaona aeona]387, 141 S.E.2d 808 (1965). 47. McGaha v. Smoky Mountain Stages, Inc.,APPENDIX ADATEWAKE FOREST UNIVERSITY INSPECTION SHEETAREA LIGHTS CEILING/FLOOR/WALLS __ FURNITURECirculation DeskSECONDTHIRDStacksStacksFOURTHReading RoomReporter * RoomPeriodical Room* Reporter is a term used to refer to a book of case opinions.aT12 " Spring 1991North Carolina Libraries"

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Sexual Harassment in the Library:ibrary employees have theright to be free of illegal dis-crimination on the job underTitle VII of the Civil Rights Actof 1964. Discrimination basedon sex is prohibited under theActalong with discriminatory employmentactions based on race, religion and na-tional origin. One particular type of sexdiscrimination, sexual harassment, has re-ceived much recent attention. All employ-ees should be free of demands for sexualfavors from supervisors and should enjoya work environment that is free of harass-ing behavior from co-workers. Such stan-dards appeal to most library managerswho seek enhanced productivity and op-pose harassment not only because it isillegal, but because it interferes with pro-ductivity.While sexual attraction on the job isnormal, sexual harassment can interferewith an individualTs ability to perform hisor her job successfully, may have a detri-mental effect on others in the organiza-tions, and ultimately will impact on theeffectiveness of the library. A series ofcourt decisions have developed standardsconcerning an employerTs liability forsexual harassment. Although there havebeen no reported decisions involvingsexual harassment in libraries, there is noreason to believe that libraries areimmunefrom sexual harassment. There have beenseveral cases of harassment in govern-ment agencies and educational institu-tions, as well as many in private employ-ment situations. A number of studies havedemonstrated the scope of the problem.One of the largest studies was conductedin 1980 by the U.S. Merit Systems Protec-tion Board, which surveyed 23,000 federalworkers. Over forty-two percent of womenworkers and fifteen percent of male work-ers reported being sexually harassed bytheir supervisors, co-workers or third par-ties, such as clients.� The study was up-14 " Spring 1991The Lawdated covering 1985-87 with similar re-sults; forty-two percent of female andfourteen percent of male federal employ-ees reported being victimized by sexualharassment. The most interesting factor inthe update is that the federal workforcegrew by 100,000 females; thus, a consid-erably larger number of women workerswere surveyed.3Title VII of the Civil Rights Act of 1964is the overall anti-discrimination statute.It governs all employers, including librar-ies, which employ more than fifteenemployees. *For Title VII purposes, the par-ent organization and notjust the library is consid-ered the oemployer.� Thus,it is the entire county gov-ernment, university orcorporation which is theemployer; under this stan-dard, virtually every libraryin the country is coveredby Title VII.The preamble to TitleVII states that equality ofemployment opportunityshall not be abridged onaccount of race, nationalorigin, religion or sex.®Sexual harassment constitutes sex dis-crimination under the Act. Although thereare reported cases of sexual harassment bya female supervisor on a male subordi-nate,° and male on male sexual harass-ment, the huge majority of cases are maleon female harassment.T Female on male orhomosexual harassment is just as devas-tating for the employee as the typical maleon female situation. However, for purposesof this article it is assumed that harassersare male and victims are female.Today most individuals agree thatemployees should not be subjected to de-mands for sexual favors on the job. Onlyrecently, however, has the U.S. SupremeCourt recognized sexual harassment as sexmmm Dy [aura N. Gasawaydiscrimination. It is precisely because ofthe personTs sex that he or she is subjectedto such treatment.® The key issue for mostlibraries in a sexual harassment complaintis whether the library as an employer isliable to the employee for the harassingconduct of either supervisors or co-workers.Conduct that qualifies as sexual ha-rassment may range from offensive sexualinnuendos to actual physical assaults, andcourts tend to consider a victimTs responseto such conduct in determining whetherthe conduct is sexual harassment. In otherwords, some employees enjoy and partici-All employees should be free ofdemands for sexual favors fromsupervisors and should enjoy awork environment that isfree of harassing behaviorfrom co-workers.pate in sexual banter and jokes while otherworkers might consider the behavior to beharassing. Although not dispositive of theissue, whether the victim has participatedin such workplace banter may be relevantto a court in determining if particularconduct constitutes sexual harassment ina given situation.The Equal Employment OpportunityCommission (EEOC) is the federal agencycharged with enforcing Title VIITs anti-discrimination provisions.? The EEOC haspromulgated guidelines which definesexual harassment as unwelcome sexualadvances, requests for sexual favors andother verbal or physical conduct of a sexualnature occurring under any of three con-North Carolina Libraries

nn SSSditions: (a) where submission is either ex-plicitly or implicitly a term or condition ofemployment, (b) where submission or re-jection of the conduct forms the basis foran employment action, or (c) where theconduct has either the purpose or effect ofsubstantially interfering with theindividualTs work performance or creatingOnly recently...has the U.S. Supreme Courtrecognized sexual harassmentas sex discrimination.an intimidating, hostile or offensive work-ing environment.'°Courts now recognize that there aretwo separate types of sexual harassment.The first is defined as quid pro quo harass-ment. This is the type of harassment mostindividuals recognize as discriminatory.Quid pro quo harassment occurs whenevera supervisor or other person in authoritydemands sexual favors from a subordinate.In exchange for granting the favors, theemployee receives some employmentbenefit, such as a raise, a promotion, afavorable performance review, etc. Like-wise, employees who deny the requestfrom sexual favors are opunished� by beingdenied the raise or promotion, or aretransferred to a less desirable job or are evenfired." Quid pro quo has been characterizedas sexual blackmail,� and most early casesinvolved quid pro quo harassment.The second type of sexual harassmentis called hostile work environment.Whenever a supervisor or co-workers par-ticipate in sexual jokes, teasing or moreblatantly destructive behavior, the work-ing environment may become so taintedwith such behavior that the environmentbecomes a hostile one for women or asingle woman. Submission to such conductbecomes a term or condition of employ-Ment if the woman wants to continueworking there.T The primary differencebetween hostile work environment andquid pro quo claims is that there is no re-taliation or adverse employment decisionbased on the womanT s refusal to participatein the conduct or refusal to grant sexualfavors. Also, the employerTs liability forthe two types of sexual harassment claimsmay differ. In Meritor Savings Bank v.Vinson,'*the U.S. Supreme Court endorsedthe definitional portion of the EEOCSuidelines including the ooffensive orhostile work environment� part of theNorth Carolina Librariesdefinition. The Court also endorsed anadditional requirement to establish a hos-tile work environment claim: the offendedparty must prove that sexual harassmentis sO severe or pervasive that it alters theconditions of her employment.T°Clearly, in most situations, an em-ployer is liable for actions of supervisorypersonnel. For quid pro quosexual harassment, theEEOC guidelines wouldmake the employer strictlyliable regardless of whetherthe employer specificallyprohibited harassing con-duct or even knew about itand failed to take immedi-ate and appropriate correc-tive action.!� An employeeis not required to followinternal grievance procedures; instead, shemay file a complaint directly with theEEOC. By utilizing internal grievance pro-ceedings, however, the woman presentsan employer with an opportunity to solvethe problem internally and at a muchlower level than by initiating a Title VIIcomplaint with the EEOC.The Meritor opinion does not go so faras to impose strict liability on employersfor hostile work environment situations,but the Court indicates that, in general,agency principles would apply in deter-mining liability.* Liability for harass-ment of an employee by fellow workerswas not addressed in Meritor; however, theEEOC guidelines suggest that the em-ployer is liable for failure to take imme-diate and appropriate action if the em-ployer knew or should have known of theco-worker conduct.�ducation of all workers is thefirst step in prevention. TheEEOC guidelines emphasize af-firmative prevention,� and thereare many reasonsa library shouldimplement a preventive program. First,the chance of harassment occurring islessened when all employees know therules. A clear policy and well establishedprocedures reduce the time required forthe library manager to learn of the harass-mentand take corrective action. There alsois a significant benefit to victims whenthey know their rights. Victims are morelikely to take self-help measures to pre-vent recurrences of sexually harassingbehavior. Likewise, the likelihood of suc-cessful internal resolutions through earlyintervention are increased. Should thesexual harassment complaint ultimatelygo to litigation, a good prevention pro-gram can help document the employer'srecord of good faith. This can affect theissue of liability and damages. Finally,work force productivity is enhanced be-cause harassment and its attendant dis-tractions are reduced.�Library employers should take affir-mative steps first to educate supervisorsabout sexual harassment and then toeducate staff. Not everyone automaticallyrecognizes the range of conduct that canconstitute harassing behavior. Efforts tomake all library personnel aware of theproblem, to show that such conduct isillegal, and to emphasize that the librarywill not tolerate such behavior on thepart of supervisors or workers are signifi-cant parts of any program designed toprevent harassment. To facilitate theprocess of educating workers, it is usefulto focus on the less serious forms of ha-rassment as opposed to the more extremesexual assaults. Most employees are un-likely to commit serious assaults, butroutine occurrences, such as offensiveremarks, looks, pictures, pats and touches,are much more common and should bestressed as the cause of most sexual ha-rassment complaints.�In addition to having an educationprogram, it is critical that each librarydevelopa written sexual harassment policyif the parent organization does not haveone. Employers have a business interest inregulating this aspect of business conduct.An anti-harassment policy is not an at-tempt to legislate morality; it focuses onincreasing productivity, not spawningexpensive litigation or jeopardizing gov-ernment contracts.�7 The policy itselfshould state clearly that the library willnot tolerate sexual harassment on the partof either supervisors or co-workers. Itshould specify that anyone affected byharassing behavior has a right to complainto management about the harassment andshould indicate how to initiate a complaint.Further, the policy should state that thelibrary will investigate all complaints, andthat disciplinary action will be takenagainst perpetrators for complaints foundto be legitimate. Lastly, the sexual harass-ment policy should be publicized widelywithin the library.Libraries may fashion separate com-plaint and grievance procedures for deal-ing with sexual harassment or may rely onnormal grievance procedures. It is essen-tial, however, to provide for complaint tothe personnel department or to an inde-pendent person named as the sexual ha-rassment officer should the perpetrator bethe employeeTs immediate supervisor.Many management experts recommendthat the normal grievance procedure beused if possible.** Disciplinary actionSpring 1991 " 19

aeshould include a wide array of alternativesranging from a simple reprimand to moreserious actions, such as suspension andtermination, determined by the serious-ness of the harassing conduct.Supervisors and workers must knowthat the library will enforce the policy andwill take seriously any complaint raised.Haphazard enforcement can subject theThe most important factor inpreventing harassment is a stronganti-harassment policy,consistently enforced, coupled witha continuous education effort.library to breach of contract claims. Fur-ther, employers must enforce the policyuniformly at all levels of employment andsupervision.�Ensuring employer and supervisorcompliance requires more than promul-gating a policy and distributing it onlyonce to employees. The policy must be-come a part of any employee handbookand must be publicized to employees on aregular basis. Many universities publishtheir policies each autumn and requiredepartments, divisions, and units to routecopies of the policy to all employees onan annual basis. The most importantfactor in preventing harassment isa stronganti-harassment policy, consistently en-forced, coupled with a continuous edu-cation effort.The Supreme Court has recognizedthe importance of such employer-initiatedprograms and indicated that employer li-ability might be lessened if such affirma-tive steps to stop sexual harassment wereundertaken.�* Not only to comply withthe CourtTs reasoning, but also because itis sound business practice, libraries shoulddevelop mechanisms for successfullyhandling harassment complaints.tis essential that the library inves-tigate any sexual harassmentclaims. Not only is a thoroughinvestigation useful to employersin minimizing liability, but it as-sists gathering information, clarifying theissues, evaluating the incident, making ajudgment about the libraryTs response tothe claim,?� and taking appropriate cor-rective actions. Additionally, the investi-gation provides support for the sexual16 " Spring 1991harassment policy, and establishes theemployerTs commitment to the policy andthe seriousness with which the libraryadministration views sexual harassment.Clearly, an investigation must be con-ducted with sensitivity to both the victimTsand the alleged harasserTs feelings. Manyvictims want the investigation to be con-ducted anonymously, but this is not pos-sible unless severalwomen have com-plained about the sameharassing conduct. It isessential that confiden-tiality be maintainedexcept for the parties in-volved and any witnessesquestioned. By ensuringconfidentiality, the li-brary may insulate itselffrom any defamationcharge an alleged ha-rasser might bring.�After the investigation is complete,the investigator should prepare a writtenreport to the library director. The reportshould include: (1) a summary of the alle-gations and the accusedTs response; (2) asummary of the individuals interviewedand their credibility; (3) a presentation ofthe findings of fact; (4) discussion of theconclusions about the allegations; and (5)recommendations for remedial or othercorrective action.�The desired result of any libraryTs re-sponse to sexual harassment primarilyshould be a clear understanding by theparties that the library opposes and willnot tolerate sexual harassment of anykind. A second desired result is anaffirmation by the parties that the ha-rassing conduct will not be repeated.Another desired result of any libraryTsresponse to a claim which is demonstra-bly groundless is that the offended partyTsmisperception will be dispelled.*°he only reliefa complainant mayseek is an end to the harassment.Frequently, the library managerTsdisciplinary action against theharasser will be sufficient to stopthe behavior. Thus, the harassed workermay seek no further remedy. In the quid proquo situation, however, the victim hasalready suffered either an adverse employ-ment action or failed to receive benefit towhich she was entitled because she re-fused to accede to the harasserTs demands.To make the victim whole again, someremedial action must be taken to restorewhat she has lost. If she has been termi-nated or constructively discharged, rein-statement is the appropriate remedy. Offer~*of reinstatement with restoration of lostbenefits frequently is sufficient to avoidlitigation. Cash settlements also have beenused to avoid litigation.Should the victim file suit under TitleVII, the remedies available are back pay,reinstatement, and restoration of lost ben-efits.*! There are no punitive damagesunder Title VII. Should she also file chargesunder state law, she may be eligible formonetary damages to compensate for anypsychological injury. Punitive damages todeter future sexual harassment may beavailable.�Hostile work environment claims seekto address non-economic injuries. Thus,victims claiming hostile work environ-ment under Title VII are eligible only forinjunctive relief, i.e., an order to stop theharassing behavior and reinstate the em-ployee or restore other lost benefits.**onsensual sexual relationshipsbetween co-workers certainlyoccur and have resulted in sexualharassment complaints when therelationship soured. Courts havenot been hospitable to complaints arisingfrom previously sexual relationships, es-pecially if one party wants to end the affairwhile the other desires it to continue.Because of the problems amorous rela-tionships on the job can cause, anemployerTs anti-harassment policy shoulddeal with consensual relationships as well.There are many types of consensualsexual relationships: (1) the female em-ployee consents to the relationship be-cause she fears retaliation if she says no, (2)she acceded to sexual demands becauseshe believes it is the only way to get ahead,(3) she consents at first and later changesher mind, and (4) the employee isa willingparticipant, but the relationship sours. InMeritor, the Supreme Court indicated thata victim who consented to the relation-ship was not automatically excluded fromrelief.** Clearly, problems of proof are moredifficult in consensual relationship cases.Consensual relationships cause diffi-culties for other workers who are aware ofthe situation. Perceptions of favoritismcan be extremely detrimental to morale,and such perceptions are hard to correct. Itcan be argued that a hostile work environ-ment is created for other workers who aremade to feel uncomfortable by any publicmanifestation of the amorous relation-ship or simple familiarity in the businesssetting.* Whethera third party has groundsto complain about payoffs to anotheremployee who is involved in a sexualrelationship with a supervisor is some-what unclear. Some courts have allowedNorth Carolina Libraries

non-victims injured by favoritism to sueSuccessfully. Such courts tend to allow aCause of action in any case in which sexWas a substantial factor in an employ-Ment decision.** Other courts have foundthere is no gender connection, since un-Successful candidates for a promotionMight be of either sex. To these courts,there is no causal connection betweenthe plaintiffTs gender and the employ-Ment disadvantage.*TAlthough many sexual harassment is-Sues have not yet been resolved by theCourts, sexual harassment clearly is a vio-lation of federal law for which a libraryMay be liable. Ensuring a harassment freeWorkplace not only benefits library pro-ductivity, but also helps insulate the li-brary from liability. Education of bothSupervisors and employees as well as de-velopment, publication, and enforcementof a sound, written sexual harassmentPolicy are critical.© 1990 L. GasawayReferences1. 42 U.S.C. § 2000e (1988).2. See Sexual Harassment in the FederalWorkplace: Is It a Problem? Report of the U.S.Merit Systems Protection Board (1981).3. Trost, oSexual Harassment Persists onJobs, U.S. Study Finds,� Wall St. J., June 30,1988, at 10, col. 1.4. 42 U.S.C. § 2000e-2(a) (1988).5. Id. at 2000e-2(a) (1).6. See Heubschen v. Department of Healthand Social Servs., 716 F.2d 1167 (7th Cir.1983).7. See Joyner v. AAA Cooper Transp., 36E.P.D. (CCH) { 35, 167 (D. Ala. 1985).8. See Meritor Savings Bank v. Vinson, 477U.S. 57, 64 (1986).9. 42 U.S.C. § 2000e-4 (1988).10. 20 C.F.R. § 1604.11(a) (1980).11. Meritor, 477 U.S. at 64-65.12. Note, oThe Aftermath of Meritor: ASearch for Standards in the Law of SexualHarassment,� 98 Yale L.J. 1717, 1718 (1989)(hereinafter oAftermath�].13. Meritor, 477 U.S. at 65-55.14. Id.15. Id.16. Id. at 67, quoting Henson v. City ofDundee, 682 F.2d 897, 904 (11th Cir. 1982).17. 29 C.F.R. § 1604.11(c) (1980).18. 477 US. at 71-72.19. 29 C.F.R. § 1604.11(d) (1980).20. Id. at §1604.11(f).21. Kandel, oSexual Harassment: Persis-tent, Prevalent but Preventable,� 14 EmployeeRel. L.J. 439, 441 (1988) [hereinafter Kandel].22. Id. at 447.23. Id. at 442.24. Id. at 445.25. Id. at 442.26. Meritor Savings Bank v. Vinson, 477U.S. 57, 72-73 (1986).27. Bryson, oThe Internal Sexual Harass-ment Investigation: Self-Evaluation WithoutSelf Incrimination,� 15 Employee Rel. L.J. 551,551-52, 554 (1990).28. Id. at 552.29. Id. at S57.30. Kandel, supra note 21, at 451.31. 42 U.S.C. § 2000e-5S(g) (1988).32. Bradford, oRelief for Hostile WorkEnvironment Discrimination: Restoring TitleVIITs Remedial Powers,� 99 Yale L.J., 1611,1616 (1990).33. oAftermath,� supranote 12, at 1719-23.34. 477 U.S. 57, 69 (1986).35. Chamallas, oConsent, Equality, andthe Legal Control of Sexual Conduct,� 61 So.Cal. L. Rev. 777, 846-47 (1988).36. Id. at 848, citing King v. Palmer, 778F.2d 878, 880 (D.C. Cir. 1986).37. Id. at 849, citing DeCintio v.Westchester County Medical Center, 807 F.2d304, 307-08 (2d Cir. 1986). aSWhen it comes to service,EBSCO believes in "being there."EBSCO has Sales Representatives who, through the years, have traveledhundreds of thousands of miles and worn out scores of shoes just to "be there"for our customers. That's because we feel that to offer truly professionalservice we must offer truly personal service.At EBSCO, we think librarians should be served by experienced serialsprofessionals who will "be there" for them. Isn't that what you expect froma professional subscription agency?EBSCOSUBSCRIPTION SERVICES8000 Forbes Place, Suite 204 © Springfield, VA 22151703-321-9630 (Tel) © 800-368-3290 (Outside VA) © 703-321-9159 (Fax)North Carolina LibrariesSpring 1991 " 17

Answering Legal Questions:Reference or UnauthorizedPractice of Law?orking at the referencedesk, librarians in alltypes of libraries areasked questions con-cerning legal issues.These questions cantake a wide variety offorms, ranging from requests for help lo-cating a specific citation to outright re-quests for legal advice.In determining what type of referenceservice to offer in these situations, severaldifferent issues arise. One is the questionof the unauthorized practice of law, pro-hibited by statute in North Carolina andevery other American jurisdiction. If apatron relies on erroneous information,there could be a question of librarianmalpractice. There is also the broaderquestion of what types of help referencelibrarians should give to patrons with legalquestions.This article will not deal with librarianmalpractice. The topic has been addressedelsewhere! and is not a problem that islimited to legal materials.� The potentialexists for any librarian to be charged withmalpractice for the provision of inaccu-rate information. Although librarians havewritten about it, the issue has never arisenin court.Unauthorized practice of law by li-brarians is another issue that has beenwritten about, but never addressed in acourt case.T It is worth discussing here,however, because it illustrates some of thelimits librarians face when answering legalreference questions.North CarolinaTs statute on the un-authorized practice of law reads in rel-evant part:[I]t shall be unlawful for any per-son or association of persons ex-cept members of Bar, for or18 " Spring 1991without a fee or consideration, togive legal advice or counsel, per-form for or furnish to anotherlegal services, or to prepare di-rectly or through another for an-other person, firm or corporation,any will or testamentary disposi-tion, or instrument of trust, or toorganized corporations or preparefor another person, firm or corpo-ration, any other legal document.*Thus, non-lawyers are prohibited notonly from appearing in court to representothers (a party is always entitled to rep-resent himself or herself), but also frompreparing any legal document or givinglegal advice or counsel. It is, of course, thelatter prohibition that must concern ref-erence librarians.Tnowing that the giving of legaladvice can be considered theunauthorized practice of law,librarians are faced with thequestion of what exactly con-stitutes legal advice. Robin Mills addressedthis issue in her 1979 article, oReferenceService vs. Legal Advice: Is It Possible to Drawthe Line?�T She found, after examiningcase law, that:Answering a question about the lawapparently becomes legal advicewhen the answer requires skill andfamiliarity with the law, or when thelistener relies on the answer as anaccurate statement of his rights andobligations, or when the answer isdirected to the specific legal problemof an individual rather than tocommon problems of the publicgenerally.°ns Dy Janet SinderMills believes that the distinction betweensimply giving legal information and giv-ing legal advice seems to depend on theparticular circumstances of the situation,and that no clear standard can be given.TOnce again, librarians are not pro-vided with much guidance in answeringspecific questions. Given this lack ofconcrete standards, librarians, especiallythose without legal training, need to beaware of the problems that can arise fromeven the simplest question. Mills beginsher article with three hypothetical situa-tions; the first illustrates that even whatappears to be a straightforward referencequestion with a definite answer can con-tain unexpected problems.In this example, a patron asks thelibrarian how long he has after an auto-mobile accident to file suit. The librarianlooks at the state statute and tells thepatron that the statute of limitations (theamount of time following an event inwhich a lawsuit can be filed) in personalinjury cases is two years. As the accidenthappened six months ago, the patron hasanother eighteen months in which to filesuit. Unfortunately, the librarian was nottold that the patronTs wife died in theaccident, and the statute of limitations forcases involving wrongful death is only oneyear.T If the patron relies on the librarianTsanswer to his question, he may not file hislawsuit in time.Some might feel that the mistake couldhave been avoided by a thorough referenceinterview. If the librarian had askedwhether anyone had died in the accident,the correct answer could have been found.But should the librarian be expected toknow the correct questions to ask in thissituation? Would he or she have the timeor experience to uncover all the relevantfacts, realize their relevance, and come upwith the correct answer? After all, this is aNorth Carolina Libraries

simple example; most legal questions aremore complicated.eter Schanck has offered fourreasons why librarians shoulddefer to lawyers in the provisionof legal advice: o(1) The attorneyhas better access to the facts inthe case... (2) The lawyer usually has morecomplete knowledge of the law. . . (3) Theattorney is able to research the law at hisleisure. . . (4) The lawyer understands thepractical functioning of the legal system.��Schanck concludes that most librar-ians do not know the questions to ask orhow to interpret the answers. Further-Knowing that the giving of legaladvice can be considered theunauthorized practice of law,librarians are faced with thequestion of what exactlyconstitutes legal advice.more, they do not have the time requiredto discover all the facts and do the neces-Sary research. Schanck recommends thatlibrarians, when asked for legal advice,should, even while providing some help,repeatedly urge patrons to contact anattorney.TWith these caveats, what exactly canteference librarians do when confrontedwith a legal question? There are severaloptions, and the most appropriate onedepends on the particular question. Basi-Cally, the choices are showing the patronhow to use the primary sources to findinformation, recommending secondarySources on the subject, or referring thepatron to another library or agency.When faced with a legal question, thelibrarian should conduct a normal refer-ence interview to discover what the pa-tron wants. This does not require knowl-edge of the entire history of a legal ques-tion (allowing the patron to explain thisShould probably be avoided), but the li-brarian should know whether the patronis looking for something specific, wants tounderstand what his or her attorney istalking about or is just curious about anarea of law.If patrons are using primary legal ma-terials, such as North Carolina cases andStatutes, they should be advised that theNorth Carolina Librarieslaw may have changed since the materialsin the library were published. Even themost recent volume of the advance legisla-tive service for North Carolina, whichcontains statutes more recent than thosein the supplements to the General Statutes,is not completely up-to-date. North Caro-lina cases take approximately six weeks tobe published and can take longer to beindexed. There is no index to the officialreports, and cases may not appear in theNorth Carolina Digest for up to a year."Federal materials pose even moreproblems. Most non-law libraries receivethe official, rather than the commercial,versions of federal statutes and U.S. Su-preme Court cases.T Commercially pub-lished resources haveeditorial additions thatassist with interpreta-tion and indexing andare published morequickly than most offi-cial publications. Theofficial versions of thesestatutes and cases cantake as long as two yearsto be published. In ad-dition, most non-lawlibraries do not have allthe materials necessaryfor complete legal re-search. For example, alibrary may have the United States Code,but not the Code of Federal Regulations whichcontains rules and regulations promul-gated by federal agencies. They also maynot have all the case law necessary todetermine how courts have interpretedthe legislation.If a patron is researching cases andstatutes the librarian can demonstrate howthese resources are organized, how to usethe index to find materi-als, and where in theindex a patron can be-gin a search. The patronshould also be told thatthere may be other in-dex terms that need tobe checked. The morethe librarian can do toinform the patron thatthe materials, not the li-brarian, will provide theinformation, the better.Secondary sourcesare another option. Nolo Press and otherspublish a large number of self-help lawbooks which are held by most large publiclibraries. Self-help law books focus on thetypes of cases in which the patron wouldbe acting affirmatively, doing such thingsas buying a house, drawing up a will, orpatenting an invention, rather than re-sponding as a defendant in a civil or crimi-nal case.TThe best answer in some instances, aswith other types of reference questions, isa referral. Does the patron qualify for legalaid? Can the question be answered bysome government agency? Should thepatron be given the number of the NorthCarolina Attorney Referral Service?T Isthere a library in the area that has morelegal materials? If there is a nearby lawlibrary, the librarians there are bound bythe same restrictions on the giving of legaladvice. However, the law library will havea large selection of legal materials in thecollection and may have staff memberswith more experience and a better under-standing of what the patron needs to doresearch. If the best solution is for thepatron to examine primary materials,those at a law library will probably bemore up-to-date. Law libraries, with theirlarger collections, tend to have both theofficial and the commercial versions ofcases and statutes.o understand North Carolinalaw on a particular subject, pa-trons may find some of the trea-tises written for lawyers help-ful. There are books on topicssuch as family law, real estate, and crimi-nal law that deal specifically with the lawin North Carolina.' Although written forattorneys, they may help patrons doingtheir own research. They have the benefitsof being directed specifically to the law inNorth Carolina, and of analyzing and ex-plaining the subject.There are ways that librarians in al-most any library can assist patrons withlegal problems. The key is to explain that... patrons... should beadvised that the law may havechanged since the materials inthe library were published.legal research may be very different fromresearch in other subjects because of theinteraction of statutes, cases, and adminis-trative regulations. The law is constantlychanging, and there is rarely a clear answeron any issue. Librarians can show thematerials to patrons, recommend books toread for background, and refer patrons toSpring 1991 " 19

other agencies that might help them. Theyshould never give advice, but this does notmean they cannot help. Being aware of thedifference between providing the materialsto answer a question and providing ananswer should help reference librariansconfronted with legal questions.References1. See e.g., Dragich, oInformationMalpractice: Some Thoughts on the PotentialLiability of Information Professionals,� Info.Technol. & Libr., Sept. 1989, at 265.2. See, e.g., Gray, oThe Health SciencesLibrarianTs Exposure to Malpractice LiabilityBecause of Negligent Provision of Informa-tion,� 77 Bull. Med. Libr. Assoc. 33 (1989).3. For a recent article on the subject froma Canadian perspective, see Rice, oReferenceService versus Unauthorized Legal Practice"Implications for the Canadian ReferenceLibrarian,� Legal Reference Services Q., Vol. 10,Nos. 1/2, 1990, at 41.4. N.C. Gen. Stat. § 84-4 (1985). Forexample, it has been held to be unauthorizedpractice of law for a motor club to allowmembers to write letters on club stationeryconcerning automobile accidents, advisingothers that they were liable under the law fordamages and then to draw up receipts forsettlements made because of these letters.State ex rel. Seawell v. Carolina Motor Club, Inc.,209 N.C. 624, 184 S.E. 540 (1936).5. Mills, oReference Services vs. LegalAdvice: Is It Possible to Draw the Line?� 72Law Libr. J. 179 (1979).6. Id. at 186 (footnotes omitted).WAG!8. Id. at 179.9. Schanck, oUnauthorized Practice ofLaw and the Legal Reference Librarian,� 72Law Libr. J. 57, 59 (1972).10. Id. at 64.11. Ifa library receives the West versionof the court reports, there will be digests(subject indexes to the cases) in each volumeof the reports.12. Official publications of cases andstatutes are those published by the govern-ment. As there is no copyright in any of thesematerials, they are very often reprinted bycommercial publishers. For example, theUnited States Code is the official version of thefederal code. United States Code Annotated,published by West Publishing Company, andUnited States Code Service, published byLawyers Cooperative Publishing, are twocommercial versions. Sometimes the officialcode is published by a commercial publisher.This is the case in North Carolina, where theNorth Carolina General Statutes are publishedby the Michie Company.13. See, e.g., D. Clifford, NoloTs Simple WillBook (2d ed. 1989); P. Miller, The CommonSense Mortgage (3d ed. 1989).14. The North Carolina Referral Service(1-800-662-7660) is run by the NorthCarolina State Bar Association. It is a freeservice, which will give the caller the namesof several local attorneys who work in aspecific subject area.15. See, e.g., L. Kelso, North CarolinaDivorce, Alimony and Child Custody (2d ed.1989); J. Webster, WebsterTs Real Estate Law inNorth Carolina 3d ed.1933). """"sNomingEES NEEDED FORTECHNICAL SERVICES AWARDSThe Executive Committee of the Resources and Technical Services Section is seeking the names of promisingand practicing librarians for its Student and Significant Contribution awards. The two winners will receive plaques and$250 cash awards during the RTSS business meeting at the NCLA Biennial Conference.The Srupent Awarp is open to students actively enrolled in library education in North Carolina as of July 1,1991. Recent graduates who are North Carolina librarians are also eligible. Nominees must show a potential forcontributing to technical services and must intend to pursue a technical services career. Self-nomination is permissible.The SIGNIFICANT CONTRIBUTION AWARD is open to North Carolina librarians who have made an importantcontribution in technical services, either to their institutions or to the profession in general. At least part of thenomineesT current work must involve an aspect of technical service. Applicants must be nominated by a currentmember of NCLA.The nomination deadline for both awards is August 31, 1991.To submit nominations for either award, please contact:David Gleim, ChairRTSS Executive CommitteeCatalog Dept., CB# 3914Davis LibraryUniversity of North Carolina at Chapel HillChapel Hill, NC 27599-391420 " Spring 1991North Carolina Libraries

Library Security: One Solutionhe problem is not new. Visitthe public library in virtuallyany city today and you see asituation they all share; onlythe faces are different. Awoman sits at a corner tablemumbling to herself for hours;an unkempt man carrying his worldlyPossessions in bags and bedroll sits read-ing the morning newspaper; a daily patrontakes possession of the unabridged dictio-nary and the table it sits on and refuses toallow anyone else to use the dictionary ashe copies the same words over and over,day after day; and a patron has just re-ported anaked woman washing her clothesand bathing in the womenTs restroom.This is the morning crowd " the homeless,the mentally unstable, the street people.By evening, the library fills with manyyoung people, most working feverishly onClass assignments, but a few heckle, areloud, rude, and sometimes destructive.Often, in libraries, this disruptive be-havior goes unchallenged. In most cases,no laws have been broken, and the localpolice do not have time to visit the libraryroutinely. Library staff members are ex-pected to control the behavior of theseindividuals without facing threats, accu-Sations, and potential liability. But, mostlibrary employees are busy with librarybusiness and try to ignore these problemsOut of intimidation or a feeling that noth-ing could be done. Some libraries hirecontract security companies either part-time or full-time. However, the success orfailure of thisapproach depends on the qualityof the company providing the service.But, what happens to the image of thelibrary in the community when disruptivebehavior becomes the norm instead of theexception? Users who have been harassed,Witnessed disruptive behavior, or feltthreatened will not return. More nega-tively, they will tell friends othe story� ofdisruptive behavior they saw or experi-enced, who will then think twice beforeusing the library themselves. When dis-Tuptive behavior is not controlled, theNorth Carolina Librariessafety and security of library users and staffare jeopardized. When disruptive behav-ior goes unchallenged, the libraryTs imageis damaged and use declines. oThe story�in the community is that the library is nota safe place to visit.Can the library change this percep-tion without infringing upon the rightsof the homeless, the mentally unstable,and others? Can the library change othestory� without subjecting its staff to per-sonal liability?uring 1986 and 1987, the Ad-ministrative staff and theBoard of Trustees of the PublicLibrary of Charlotte andMecklenburg County (PLCMC)had several opportunities to improve librarysafety and security issues during the plan-ning of the renovation and additionproject of the Main Library. Library Ad-ministration had long faced the daily se-curity problems caused by inappropriatebehavior. Because of these problems, theMain Library endured a decliningpublic image, and many citizenswere determined not to go intothe library. But steps were takento address this situation.First, the Main Library reno-vation project was one compo-nent of numerous improvementsin the immediate neighborhoodof the new library. Parking lotsand boarded up buildings werereplaced with CityFair, an uptownfood and retail center, the newApparel Mart, a Days Inn Hotel, and theSpirit Square renovation, as well as thepending construction of the new Char-lotte/Mecklenburg Performing Arts Center.All these projects were designed to bringpeople into the downtown area. Thus, theMain LibraryTs neighborhood greatly im-proved and positive activities in the areaincreased. These changes helped librarypatrons feel safer.In addition, the renovation of Maineum Dy Nina N. Lyon andWarren GrahamLibrary allowed staff to redesign the inte-rior of the facility with security and safetyconcerns as high priorities. Staff were in-terviewed by the design consultants tosolicit their opinions and recommenda-tions about the development of an attrac-tive, functional, and safe facility. Manystaff recommendations were adopted andimplemented. For example, at the recom-mendation of staff, restrooms were relo-cated and designed to discourage bathing,washing clothes, loitering, and other in-appropriate behavior. Special childrenTsbathroom facilities were placed in theChildrenTs Room area so that unsupervisedchildren would not have to enter restroomsalso being used by adults. As the predomi-nant seating system, tables and solidwooden chairs were chosen over loungefurniture. A security type motion detec-tion system was installed to monitor theentire building after hours. A single en-trance/exit was established and all emer-gency exits were tightly controlled andequipped with alarms.Most importantly, while the buildingWhen disruptive behaviorgoes unchallenged, thelibrary's image isdamaged and use declines.was under construction, administrativestaff reviewed existing PLCMCTs Rules andRegulations for Conduct in Libraries and de-veloped a more comprehensive list of rulesand regulations for library conduct andbehavior. These rules, which follow thisarticle, were adopted formally by the Li-brary Board of Trustees in 1989 prior to theopening of the new facility.Initially, every staff member whoworked in the Main Library was asked toSpring 1991 " 21

state his or her security and safety con-cerns. Major concerns identified by thestaff included intimidation by patrons,individual safety, use of drugs by patrons,unpredictable reactions of some patronswhen staff approached them to correctbehavior, and a feeling that library staffmembers should not be the first to ap-proach users who are causing problems.Additionally, other urban libraries in theUnited States were surveyed to determinehow they handled behavioral problems. Along list of issues and concerns developedfrom these steps. Administrative staff be-gan working with the Mecklenburg CountyPolice Department and PLCMCTs legalcounsel to develop a list of prohibitedactions in the libraries along with thenecessary actions to enforce the rules.In PLCMCTs Rules and Regulations forConduct in Libraries, many prohibited ac-tions already violate local, state, or federallaw, such as solicitation for purposes ofprostitution, carrying concealed weaponsof any type, and indecent exposure. Sincethese are clear violations of existing laws,county and/or city police and county se-curity can act immediately.Other actions, such as sleeping, solic-iting for money or items or services, eat-ing, drinking, smoking, bathing, washingclothes, and bringing in bedrolls or largepackages that take up excessive space, arenot illegal according to local, state, orRIGHT ToREMAIN SILENT22 " Spring 1991federal law, but violate PLCMCTs LibraryRules and Regulations for Conduct in Librar-ies. County security or city police cannothandle these situations becausethey do not violate any local,state, or federal laws. Since theseactions are violations of libraryrules, library staff must firstapproach the person and askthat the situation be correctedor the behavior changed. If thesituation is not corrected or behaviorchanged, then the person is asked toleave the library premises. If the personrefuses to leave, county security or citypolice can arrest the person for trespass-ing. Once arrested for trespassing, theperson cannot reenter the facility.s this process was developed,it was clear to Library Admin-istration that public servicestaff, such as librarians, cleri-cal assistants, or pages, wouldbe responsible for the initial response toand enforcement of many of PLCMCTsRules and Regulations for Conduct in Librar-ies. County security and city police wereavailable only to enforce the law. Hence,the library was back to its original di-lemma: public service staff had to conductregular Library business and activity andhandle problem users at the same time.Many employees ex-pressed safety and in-} timidation concernshandling these issues.To resolve this di-lemma, Library Admin-istration established anew library departmentof library assistants whoare ofloor monitors.� Itis ofloor monitors� whoas library staff membersmake all initial ap-proaches to any behav-ioral problems. A Li-brary Safety and Secu-rity Coordinator posi-tion was established tosupervise the floormonitors. AlthoughPLCMC advertises allpositions internally toprovide advancementopportunities, nomember of the staff hadthe necessary qualifica-tions and relevant ex-periences. For the Li-brary Safety and Secu-rity Coordinator posi-TAS ARTtion, security experiences were require-ments. Many applicants had worked pre-viously for security firms and possessed[Security officers] monitorbehavior, never appearance.associate degrees in Security from localcommunity colleges. The Library Safetyand Security Coordinator was responsiblefor working as chief liaison with countysecurity staff. County security personnelwere also contracted to provide twenty-four hour security for the Main Libraryfacility and to be on call for branch libraryproblems as well.Simply having library staff directlyresponsible for monitoring the: enforce-ment of PLCMCTs Rules and Regulations forConduct in Libraries has made the rules andregulations effective. Individuals withproprietary security or law enforcementbackgrounds were hired as floor monitorsand the Safety and Security Coordinator.Both county security officers and floormonitors patrol the Main Library facilityduring all business hours, thus providing ahighly effective deterrent. Together, thesetwo levels of security are visible, vigilant,and consistent. The most important as-pects of their work are objectivity and lackof bias in the enforcement of the policy.They [security officers] monitor behavior,never appearance.Another extremely critical element isthe manner they use to approach users forrule enforcement. Floor monitors main-tain a quiet, pleasant, and respectful atti-tude in communicating library policy.Thus, more than ninety-five percent of thepeople informed of the rules complyreadily. PLCMCTs Rules and Regulations forConduct in Libraries are printed and dis-tributed on the same document that de-tails Main LibraryTs floor plan. This alerts allusers to theinterestin their safety and security.Has othe story� changed? Users com-ment on the improvement of atmosphereat the Main Library everyday. Behavioralproblems are handled quickly, efficiently,and fairly. Library Administration doesnot have to spend hours each week strug-gling with behavioral problems. Having astaff of floor monitors has made thePLCMCTs Rules and Regulations for Conductin Libraries effective. oThe story� users tellhas changed, and PLCMCTs image in thecommunity is positive.North Carolina Libraries

North Carolina LibrariesRULES AND REGULATIONS FOR CONDUCT IN LIBRARIESOPERATED BY THE PUBLIC LIBRARY OFCHARLOTTE AND MECKLENBURG COUNTYThe mission of the Public Library of Charlotte and Mecklenburg County isto make available to all residents by convenient and free access, collections ofexpertly selected library materials to meet the publicTs informational needs; topromote the enjoyment of reading and the book; to strengthen life-longlearning, citizenship, and the appreciation of the worldTs cultural achieve-ments.The Board of Trustees of the Public Library of Charlotte and MecklenburgCounty has adopted the following policy so that the Library may provide anatmosphere conducive to appropriate use of their services and facilities. Use ofthe Library is intended to be for reading, studying, writing, and listening towritten or electronically transmitted materials. Other use is not permitted. Thepublic is required to comply with these Rules and regulations:The following actions are prohibited on Library property:" Selling and/or soliciting" Distributing or posting materials/literature that have not beenapproved by the LibrarySoliciting for money or items or servicesSoliciting for the purposes of prostitutionPossessing or consuming alcohol or illegal drugs or being under theinfluence of alcohol or drugsSmoking or other uses of tobaccoEating or drinkingSleepingNot wearing shoes or shirtBringing animals or pets into the library (except guide dogs for theblind or hearing-impaired)Any loud, unreasonable, and/or disturbing noises created bypersons, radios, tape players or televisionsIntentionally damaging, destroying, or stealing any Library prop-erty or a patronTs or employeeTs propertyRemoving library materials from the premises without authoriza-tion through established lending proceduresPlaying cards or games of any kindLeaving a child under six years of age unattended by a responsiblepersonLeaving any child or young adult (up to age 17) in the Library afterclosing timeMisuse of restrooms. Restrooms are for library patrons only.Bringing bedrolls, blankets, large packages into the Library, ortaking up excessive space in the Library, or bringing in packages orunpackaged food.Carrying weapons of any typeEngaging in disorderly conduct, fighting or challenging to fight, orusing offensive words likely to provoke violenceIndecent exposureUsing obscene or abusive acts and/or languageAny other illegal acts or conduct in violation of Federal, State, orlocal law, ordinance or regulationFailure to comply with the LibraryTs established Rules and Regulationsmay result in exclusion from the Library and/or being subject to arrest.Spring 1991 " 23

NorTH CAROLINA CENTRAL UNIVERSITYSchool of LawSchool of Library and Information SciencesJD/MLS ProgramThe joint degree JD/MLS Program allows students who are interested in a career in law librarianship tosimultaneously pursue the Juris Doctor degree and a masters degree in library and information sciences.Application to and acceptance by both the School of Law and the School of Library and Information Sciences arerequired. The degree of Juris Doctor is granted upon the completion of a minimum of 88 semester hours of requiredand elective courses. A total of 36 required and elective semester hours is required for the MLS.Students in the joint degree program must successfully complete all of their required first year of study in thelaw school. Following the first year which is spent exclusively in the law school, students may begin the requiredlibrary science courses. Library science courses are generally offered during the summer, on Saturdays and duringthe day and evening hours. Thus, a joint degree student in the Day Program can begin to pursue the library sciencecourses in the summer between the first and second years of law school, and a joint degree student in the EveningProgram can begin the library science courses in the summer between the second and third years of law school.A minimum of 24 course hours is required in the School of Library and Information Sciences for the joint degree.The day student enrolls in a combination of the courses required for the JD and the MLS degree during theremaining four semesters and the summer between the second and third year. The evening student enrolls in acombination of courses for the degree requirements during the remaining four semesters and the summer betweenthe third and fourth year.Curriculum(Day Program)YR1 YR2 S YR3 **RC TOTALLAW *31 24 0 24 9 88LIBSC 0 6 6 6 1, 36(Evening Program)YRI1 YR2 S YR3_ S YR4 RC TOTALLAW 16 18 3 15 15 9 88LIBSC 0 0 6 6 6 1y) 36* Credit Hours** RC: Credit accepted by reciprocal agreement between the School of Law and the School of Libraryand Information Sciences.S: SummerThe hours and times represented above are merely an example of the times that the courses would likely beoffered. The time and number of credit hours a student would take in the School of Library and InformationSciences each semester would depend upon when those courses are offered.24 " Spring 1991 North Carolina Libraries

Compiling the History ofNorth Carolina Legislationhere are two aspects of com-piling the legislative historyofa statute. One is tracing theformation of the statute; theother is determining what thelegislature intended that theenactment should accom-plish. Tracing legislation amounts to col-lecting historical facts, such as when it wasenacted, when it was amended, etc., aboutthe statute. This information is necessaryto proceed with determining legislativeintent. Determining legislative intent ismore difficult. It requires a search for ma-terials from which conclusions may bedrawn about the will of the legislature.Both aspects of compiling a legislativehistory require a basic understanding ofthe legislative process.!Legislation passed by the North Caro-lina General Assembly is first published inthe session laws and then is incorporatedinto the General Statutes of North Carolina.�Research on the history of a statute gen-erally begins with an examination of thelaw in the General Statutes. In parenthesesat the end of all statutes or sections is ahistory note which contains dates andabbreviations from which the derivationof the current statute can be determined.Information is listed chronologically. De-Pending on the age of the statute, thereMay be citations to earlier codes and/orSession laws. A table explaining the abbre-Viations used for prior codes appears in theprefatory material at the front of eachvolume of the General Statutes. Citations toSession laws indicate that the section orStatute was affected by legislation passedduring the referenced year. Session lawCitations include the session year, theChapter number (abbreviated oC�), andPossibly a section number (abbreviatedoS�). (See figure 1.) Throughout the re-Search process, relevant facts learned aboutthe statute should be recorded to eliminatethe need to retrace steps later to find aNorth Carolina Librariescitation, date, bill number, or name.After looking at the history note, theresearcher should examine annotationsfollowing most sections in the GeneralStatutes. The annotations may containhelpful cross references to other statutes,editorTs notes, historical remarks, citationsto related periodical articles, and citationsto cases that have interpreted the statute.The next step is an examination of thesources cited in the history note to gain anunderstanding of changes in the provi-sions and language of the statute that haveoccurred since it was first adopted. Afterdetermining when the language or provi-sion of interest to the researcher was addedto the statute, the search is narrowed tothat provision.If the provision appears in one ofNorth CarolinaTs earlier codes, there islikely to be a marginal note in the earliercode which contains a reference to thesession and chapter number of the enact-ment. If the provision is found in thesession laws of 1933 or later, the ratifiedbill number is given and should be re-corded. The researcher should then go tothe House or Senate journal for the sessionin which the enactment occurred. Thejournals were not indexed until the 1846-47 session. By the mid-1860Ts the indexeshad become more detailed. Numericaltables of bill numbers, which give refer-ences to all pages on which a bill is men-tioned, were added to the House Journal inmmm DY Louise H. Stafford1971 and to the Senate Journal in 1973. Forresearch in earlier years, bills must be iden-tified by subject or name in the indexes.The journals do not contain verbatimrecords of floor activity, but they do pro-vide factual information about a billTshistory, such as when and by whom it wasintroduced, to which committee it wasinitially assigned, if it was reported by thecommittee with amendments, if a com-mittee substitute was reported, if therewere amendments from the floor, and therecord of roll-call votes. Beginning withthe 1969 session, this information is alsoavailable in bill history notebooks main-tained in the Legislative Library.TCollecting bill history information isimportant because the possibility forchange exists at any stage from introduc-tion to ratification. Examination of addi-tions, deletions, and the alteration oflanguage may increase the researcherTsunderstanding of the final version.fter the process of tracing thebill is completed, searching forclues as to the legislative intentof the act can begin. The materi-als that are available for researchvary in scope and quantity. At best, thesearch will turn up roots for the act in astudy commission report recommendingthe legislation; minutes of the study com-mission will be available for inspection inFigure 1: Sample entry from the General Statutes of North Carolina10-11. Acts of minor notaries validated.All acts of notaries public for the State of North Carolina who were not yet 21years of age at the time of the performance of such acts are hereby validated; ....(1941, c. 233; 1973, c. 680, s.1)SessionYearc= Session year Sychapter of amendment] chaptersessionSpring 1991 " 25ee

the Legislative Library; and there will besubstantive references to the act in theminutes of the General Assembly com-mittee to which the bill was assigned.Also, if the bill was amended, comparisonof the billTs various versions will make theintent clearer. It is possible, however, thatthe search will uncover no records fromwhich the meaning of the act can beinferred. The bill may have been intro-duced, reported favorably by committee,and passed by both houses without under-going any change.Reports issued by legislatively createdstudy committees and commissions oftencontain recommendations for legislationand therefore may be useful in determin-ing legislative intent. In 1965, the Legisla-tive Research Commission was established,in part to perform interim studies to aidthe General Assembly in the performanceof its duties.~ Since that time the numberof reports has proliferated.T Although notall study committees issue reports of sub-stance, the reports can be excellent re-sources. One way to establish if a reportpreceded an enactment is to check theLegislative Services OfficeTs reports thatlist interim studies and Commission ac-tivities. The first of these lists was issuedfor the 1971-1973 biennium and they havebeen issued regularly since 1975, with somevariation in title. They are available inlibraries that collect the CommissionTs re-ports and may also be accessed by subjectin the catalogs of these libraries. The re-ports of the study committees are enhancedin some cases by the availability of min-... when compiling the legislativehistory of an act, the researcher shouldfirst collect bill history data and thenproceed with a search for an examina-tion of documents that may shed lighton the purpose of the act.utes for the study committee. A file ofstudy committee minutes, beginning withminutes from 1969, is maintained in theLegislative Library.°Permanent commissions also issuereports containing recommendations thatmay shed light on changes in the law.Among these is the General Statutes Com-mission which is involved in continuousstatutory research and has been autho-rized since 1951 to recommend substan-tive changes in the law.T The General Stat-26 " Spring 1991utes CommissionTs biennial report to theGeneral Assembly lists the CommissionTsactivities. Memoranda explaining recom-mended bills are frequently sent to theGeneral Assembly by the General StatutesCommission. The Supreme Court Librarymaintains a file of the memoranda per-taining to enacted bills from the 1959 ses-sion and the 1965 session forward. Otherpermanent commissions have been estab-lished, issued reports, and faded away withthe completion of their mission or whenthe General Assembly discontinued appro-priations for their continuation. The re-searcher must be alert to the mention ofthem in materials used in compiling thelegislative history.After searching for and reviewing ex-isting committee reports, the researchershould return to the billTs history. If thehistory shows that the bill underwentchanges during the legislative process, thechanges should be examined to under-stand better the legislatureTs intent in thefinal version. Copies of all versions of abill, including amendments that were notadopted, may be obtained from the Legis-lative Library beginning with 1971 Housebills and 1973 Senate bills. The Institute ofGovernment has a file of bills beginningwith 1949. The North Carolina Collectionlocated in the Wilson Library at the Uni-versity of North Carolina-Chapel Hill hasscattered holdings for the period 1858-1936 anda full collection from 1937 to thepresent. Bills from the 1760s through 1973-74 are available in the State Archives SearchRoom, which is located in the Archives-State LibraryBuilding in Ra-leigh. There arealso scatteredholdings in theArchives SearchRoom for the pe-tiod 1730-1760.The minutesof the GeneralAssembly stand-ing committeesto which bills areassigned upontheir introduc-tion are anothersource for written records. The minutesare not verbatim accounts, but rather arerequired only to show the members presentand the action taken during meetings.*The minutes of some committees, however,exceed the minimum requirement and doprovide details and insight. They shouldbe consulted if a thorough legislative his-tory is being compiled. The rules of bothhouses provide that the minutes ofstanding committees be filed in the Leg-islative Library after adjournment of thesession.T A full collection of the minutesbegins with the 1977 session, and there aresparse holdings beginning in the earlyseventies.'°Personal interviews with a billTs spon-sors Or members of a study commissionprovide a final source for views on theintent of an act. Key names will havebecome apparent in research up to thispoint. There is one additional source foridentifying the members of committees,commissions, and boards. Since 1979, ap-pointing authorities have been required tofile written notice of all public appoint-ments with the Governor, the Secretary ofState, the Legislative Library, the StateLibrary, and the State Disbursing Officer."n summary, when compiling thelegislative history of an act, theresearcher should first collect billhistory data and then proceed witha search for and examination ofdocuments that may shed light on thepurpose of the act. The list of possibledocuments includes reports that recom-mend legislation, all versions of bills, min-utes of the General AssemblyTs standingcommittees, and minutes of legislativelycreated study committees and commis-sions that have recommended legislation.The extent and emphasis of the searchmay be altered to suit the circumstances.The sources available for research varygreatly depending on the age of the stat-ute. Less material is likely to be foundrelating to older statutes. The content ofthe published primary sources"the ses-sion laws, codes, legislative journals"haschanged over time and is still changing.Rather than trying to remember the datesfor inclusion of various tables and materi-als in these series, it is better to rememberthe sources in general and work throughthem on a trial and error basis. Fortu-nately, some pieces of information, suchas bill numbers, can be found in severalsources. This means that it is possible tobegin research without having access to afull complement of legislative materials. !The inception of the North CarolinaState Documents Depository System hasimproved the distribution of materials suchas the reports of legislatively created studycommittees to the General Assembly.When local sources are exhausted, thereare a number of institutions with strongNorth Carolina legislative collections.Major collections are available at the Leg-islative Library, the State Library, the Su-preme Court Library, the Institute of Gov-ernment Library, and the North CarolinaCollection at the University of NorthCarolinaTs Wilson Library. These librariesare open to the public for independentNorth Carolina Libraries

aeresearch and each has provisions for pho-tocopy service. All accept requests for as-sistance by telephone and letter. Statutoryresponsibilities and institutional policies,however, put restrictions on the amountof assistance that can be offered to thepublic. Specifically, the staff at none of thefive is permitted to prepare full legislativehistories on request. All will, however,assist with the search for specific docu-ments, provide research advice, and pro-vide referral service. When the GeneralAssembly is meeting, limits may be placedon the amount of service available to thepublic from the Legislative Library.egislative history plays a signifi-cant role in North Carolina judi-cial decisions. An electronicsearch of North Carolina Su-preme Court and North Caro-lina Court of Appeals decisions from 1945to the present yields 785 citations to deci-sions in which the phrases olegislativehistory� or olegislative intent� appear. Themost recent opinion is Burgess v. Your Houseof Raleigh, Inc.,* which was filed February7, 1990. Within that opinion four pointsregarding statutory interpretation are laidout as follows:Where the language of a statuteis clear and unambiguous, thereis no room for judicial construc-tion and the courts must con-strue the statute using its plainmeaning. Utilities Comm. v.Edmisten, Atty, General, 291 N.C.451, 232 S.E.2d 184 (1977).But where a statute is ambiguous,judicial construction must be usedto ascertain the legislative will.Young v. Whitehall Co., 229 N.C.360, 49 S.E.2d 797 (1948). Theprimary rule of construction of astatute is to ascertain the intent ofthe legislature and to carry outsuch intention to the fullestextent. Buck v. Guaranty Co., 265N.C. 285, 144 S.E.2d 34 (1964).This intent omust be found fromthe language of the act, its legisla-tive history and the circumstancessurrounding its adoption whichthrow light upon the evil soughtto be remedied.� Milk Commissionv. National Food Stores, 270 N.C.323, 332, 154 S.E.2d 548 (1967)."4These precepts are not original to the citedcases. One can follow a trail of citationsfrom Milk Commission v. National FoodStores back to the following quotation fromBlackstoneTs Commentaries.North Carolina LibrariesThere are three points to be con-sidered in the construction of allremedial statutes; the old law, themischief, and the remedy: thatis, how the common law stood atthe making of the act; what themischief was, for which the com-mon law did not provide; andwhat remedy the parliament hathprovided to cure this mischief.And it is the business of thejudges so to construe the act, as tosuppress the mischief and ad-vance the remedy.'®Those compiling legislative historiesfor the purpose of establishing legislativeintent should be aware that the languageof an act is preponderant. Milk Commissionv. National Food Stores elaborates, oTesti-mony, even by members of the Legislaturewhich adopted the statute as to its purposeand the construction intended to be givenby the Legislature to its terms, is notcompetent evidence upon which the courtcan make its determination as to themeaning of the statutory provisions.�?°References1. This article focuses on the compilation oflegislative history, including the materials andprocesses used. Space does not permit discussionof the legislative process. Refer to The GeneralAssembly of North Carolina: A Handbook for Leg-islators, 6th ed. (Institute of Government, 1990)and the current North Carolina Manual (Secretaryof State) for explanations of the legislative process.2. N.C. Gen. Stat. § 164-1 (1990) providesthat the General Statutes of North Carolina maybe cited as oGeneral Statutes of North Caro-lina,� oGeneral Statutes,� oG.S.,� oN.C. Gen.Stat.,� or oN.C.G.S.� When working with theGeneral Statutes remember to use the cumulativesupplement found at the back of each volumeto update material found in the body of thevolume.3. Out-of-town researchers may requestphotocopies of bill histories from the LegislativeLibrary beginning with the 1969 session. Be-ginning with the 1985 session bill history in-formation may be obtained from the electronicBill Status System by telephoning the Bill StatusDesk. A terminal for public use is located in theLibraryTs Legislative Office Building location.4. N.C. Gen. Stat. § 120-30.17 (1989). Extracopies of reports to the General Assembly areprinted and are available to the public, free ofcharge from the Legislative Library, while thesupply lasts. Among the libraries maintaining acomplete file of the reports are the LegislativeLibrary, the State Library, the Supreme CourtLibrary, the Institute of Government Library,and the North Carolina Collection.5. The Legislative Services OfficeTs reportentitled 1989-91 Legislative Commissions, Non-Standing Committees: Interim Studies lists 221studies.6. The earlier years are on microfilm. Re-searchers must visit the Legislative Library touse the study committee minutes files.7. N.C. Gen. Stat. § 16400-13 (a) (4) (1990).8. House Rule 29.2; Senate Rule 36.1. TheRules-Directories for the House and the Senatemay be obtained from their respective clerkTsOffices.Shlteh10. Researchers must visit the LegislativeLibrary to use the minutes of the standingcommittees.11. N.C. Gen. Stat. § 143-47.7 (1990).12. Research should begin at the local level.Copies of the session laws and the House andSenate Journals are widely distributed acrossthe state. Pursuant to N.C. Gen. Stat. § 147-45(Supp. 1990), among those currently designatedto receive the session laws and the House andSenate journals are the sixteen institutions inthe University of North Carolina system, thirtyprivate colleges and universities, the clerks ofSuperior Court, and registers of deeds.13. 326.N.C. 205, 388 S.E.2d 134 (1990).14. Id. at 209.15. 2 W. Blackstone, Commentaries § 87.16. 270 N.C. 323, 332-33, 154 S.E.2d 548,555 (1967).SourcesBill Status InformationLegislative LibraryRoom 2226 State Legislative Bldg.Jones St.Raleigh, NC 27611919-733-7779Automated: 919-733-3031(requires touch-tone phone)Institute of GovernmentCB#3330 Knapp Bldg.University of North Carolina-CHChapel Hill, NC 27599-3330Library: 919-966-4130Publications: 919-966-4119Legislative Library500 Legislative Office Bldg.300 N. Salisbury St.Raleigh, NC 27603919-733-9390North Carolina CollectionCB#3930 Wilson LibraryUniversity of North Carolina-CHChapel Hill, NC 27599-3930919-962-1172North Carolina State ArchivesSearch Room109 E. Jones St.Raleigh, NC 27601-2807919-733-3952Principal ClerkHouse of RepresentativesRoom 2319 Legislative Bldg.Jones St.Raleigh, NC 27611919-733-7760see Stafford continued on page 39.Spring 1991 " 27

The Changing Role of the LawFirm Librarian:From Collection Curator to Information Specialist and Educatoruring the past twenty years,law firms have experienceddramatic changes. In 1981,David Ranii wrote thatomany of the same devel-opments that altered thepractice of lawin the 1970'shave transformed the jobs of librarians inlaw schools and private firms across thecountry. . .�1 Among these developmentsare the increasing complexity of the law,the increasing size of law firms, an expan-sion of specialized practices, and a view offirms as businesses, concerned about rev-enues, overhead costs, and efficiency.Changes affecting firms naturally af-fect their libraries because o[t]he libraryTspurpose in all cases is to provide informa-tion, services, and materials necessary forthe practice of law by the organization orfor the preparation of advisory memo-randa by the organizationTs legal staff. Thedegree to which the library can providesuch support, working within the con-straints of budget and space, determinesthe degree of its success.�To be successfultoday, a law firm librarian is an activeinformation manager and educator. Nolonger should the librarian be perceived assimply a curator of books and firm-pro-duced documents.TTodayTs law firm librarian may be oneof several professionals working fora mega-firm of over three hundred attorneys, orthe only library staff person in a firm withonly twenty attorneys. Most law librarianspossess a masterTs degree in Library Sci-ence; many have law degrees. Vitally awareof the need for continuing education, heor she attends conferences and workshopsto enhance reference, managerial, com-munication, and teaching skills. The li-brarian handles a variety of reference re-quests and administrative activities; he orshe is an information specialist who utilizescomputers, telephonecontacts, and traditionalresources to provide the best possible service.28 " Spring 1991Librarians provide and maintaincomputer-assisted research resources inaddition to printed resources. Legal re-search databases permit full-text searchingof cases, statutes, administrative regula-tions, and other publications of interest toattorneys. Librarians arrange training ses-sions and keep users informed of newdevelopments in database content andsoftware enhancements. Computersearchable subject collections in CD-ROM(Compact Disk Read Only Memory) formatalso are utilized.* Rather than replacingthe book collection, computer-assistedlegal research resources complement it,allowing researchers access to more infor-mation in a more flexible manner.Because attorneys and legal assistantsrequire non-legal information, law firmlibrarians also must be familiar with non-legal resources. Some typical law firm ref-erence requests follow: oLocate a manualdescribing steel crane designs and specifi-cations.� oFind newspaper articles dis-cussing such-and-such.� oWhat is the sta-tus of the savings and loan institutions bail-out legislation?� oPrepare a bibliographyofall articles by Joe M. Doe, M.D.� oWhomdo I call at the Environmental ProtectionAgency about underground storage tankregulations?� oITm giving a speech tomor-row and need some information. Can youhelp?� oIs this book available for us toborrow?� oWho is the chief executive offi-cer of General Motors?� Law librarianssubscribe to a wide range of databases inorder to answer these types of questions.°Databases such as Vutext, Nexis, LegiSlate,StateNet, or those available through Dia-log cover financial records, state or federallegislation, patents and trademarks, medi-cine and drugs, regional and national news,government agency activities, and manyother areas. In addition to formal net-works, such as the Triangle Research Li-braries Network (TRLN) and the NorthCarolina Information Network (NCIN),mums Dy Constance M. Matzenlibrarians also develop informal networkswith special, academic, and public librar-ians forreference assistance and interlibraryloans. In other words, librarians utilize avariety of resources to provide requestedinformation as quickly as possible and at areasonable cost.As librarians demonstrate their abilityto answer these types of requests, they areasked and expected to do even more. Inthe ideal world, attorneys would have ref-erence service available whenever it isneeded. A Texas mega-firm library recentlyhas made oafter hours� reference serviceavailable by providing librarians with homecomputers linked to commercial databasesand the firmTs office.In todayTs complex and increasinglycompetitive legal environment, firms placea high value on these research services.Librarians obill� (charge back to clients)the time spent on a research project plusany database costs and other expendituresincurred.® Time may be charged at hourlyrates comparable to those of legal assis-tants or junior associates. This policy im-proves the image of the library from thatof a department simply contributing tothe overhead costs of firm operations to arevenue provider.ew research techniques en-courage the development ofnew management procedures.Law firm librarians understandthe value and importance ofautomated administrative and technicalservices procedures.T However, attorneysmay be less inclined to support such activi-ties. A librarian introduces automation byrecognizing that o[t]he first step in gettingstarted is to know and understand theculture of [his or her] firm. Every law firmhas its own culture, which is reflected inthe way the firm does business.�* Althoughautomation seems unnecessarily expen-North Carolina Libraries

sive, librarians must demonstrate thebenefits of online and book catalogs andof library developed indexes for specialcollections, such as expert witness docu-ments or continuing legal educationseminar manuscripts. They must show thato[c]lomputerized indexing of memorandaof authority, forms and brief files greatlyfacilitates the use of these sources withoutputting an onerous burden onstaff-time.��Librarians work with the firm on otherprojects involving automation. Many firmsare installing local area networks (LANs).The librarian must be a part of this plan-ning process, ensuring that attorneys canaccess in-house and commercial databasesas well as CD-ROM libraries using theiroffice computers.T In addition, the librarystaff should plan to use the network tocommunicate with users directly or via thefirmTs electronic bulletin board.To promote library services and im-prove research skills, communication be-tween the library and the firmTs membersis essential.!! Traditionally, librarians pro-vide orientation tours for summer clerks,new associates, and legal assistantsT? andproduce a variety of publications to keepusers informed. Brochures outline services;handbooks describe the collection, services,policies, and procedures; newslettershighlight new developments by listingnew acquisitions, describing databases, andsummarizing tables of contents of law-related publications. Each firm employeeshould receive a description of libraryservices as well as publications of specificinterest. No library is complete withoutbulletin boards where library proceduresand announcements about continuinglegal education courses or new researchtechniques are posted.Describing services is not enough,however. Wesley Boomgaarden writes thatofljibrarians are first and foremost educa-tors. We are nothing if we are not teachers,using all means at our disposal to assist theenterprise of education. Those not in ac-cordance with this blanket statement areeither unaware of the essence oflibrarianship or lack the professionTs visionand purpose.�'? Librarians have alwaysprovided one-on-one instruction whenhelping answer reference questions. Nowthey are expanding their educational ac-tivities for several reasons: the decline inresearch skills learned in law school; thedecline within the firm of the mentorrelationship, which formerly provided aplace for new associates to learn basicskillso; and the impact of constantlychanging technological developments onthe research process.'*North Carolina LibrariesMany librarians conduct researchseminars for firm employees. Basic researchseminars are provided for summary clerksand new associates. Advanced seminarsfor more experienced attorneys might fo-cus on new research techniques or publi-cations. Specialized seminars for legal as-sistants or secretaries highlighting direc-tories, maps, and other ready referencepublications encourage library use.When instructing attorneys and legalassistants, the librarian emphasizes therelationship between printed resources andonline materials. Researchers should knowwhen to use which type of materials. Li-brarians also have an ethical obligation toinstill a critical attitude toward onlineresources. For example, online librariesmay not be as complete as assumed; oldermaterials, especially for state jurisdictions,may not be available online. CD-ROMlibraries must be used in conjunction withboth online and printed materials to en-sure access to all relevant information.T* In1986, Robert C. Berring, Director of theLaw Library and Professor of Law at theUniversity of California, Berkeley, Schoolof Law, said that ocomputerized researchhas been oversold as a solution to researchproblems. People tend to think of com-puters as omniscient and put too muchfaith in them.��Law firm librarians indeed have movedbeyond the stereotyped role of ocurator ofbooks." They are information specialistswhoare able to utilize new technologies tosearch and manage information. They haveexpanded their role as educators. By servingin these roles, they fulfill the libraryTspurpose, enabling firm attorneys to prac-tice law efficiently and effectively by pro-viding the highest level of service possible.References1. Ranii, oLibrariansT Work Is LookingUp,� NatT1L.]., July 6, 1981, at 1, col. 4, 14, col.Is,2. Glass and Richmond, oAdministrationof Private Law Libraries,� in 1 Law Librarianship:A Handbook 69, 70 (1983).3. Couric, oFirm Librarians are ManagingMore Than Books,� Legal Times of Wash., June29, 1981, at 24, col. 1; Griffith, oFrom Books toComputers: The New Breed,� Legal AssistantToday, May-June 1989, at 52; Heroy, oNewFunctions and Expanding Roles for Private LawLibrarians,� in Managing the Private Law Library365 (1988); Metaxes, oFirm Librarians No LongerMere Keeper of the Books,� Nat'l L.J., July 14,1986, at 1, col. 1; oTechnological Gains, MoreResponsibilities Evident in Libraries,� NatTIL.J.,June 25, 1990, at $11, col. 1; Wallace, oProgramOverview: A Decade of Change and Continua-tion,� in Private Law Librarians 13 (1986).4. Strain, oCD-ROM in the Private LawLibrary: A Primer of Readings,� in Managing thePrivate Law Library 153 (1988).5. oBeyond Lexis and Westlaw: OtherOnline Resources,� L. Libr. Lights, May-June1987; Ensor, oNonlegal Databases for the LawLibrarian: An Update,� 81 L. Libr. J. 813 (1989);Quint and Mintz, oConducting, Evaluating, andPresenting the Results of InterdisciplinaryOnline Searches,� in Private Law Librarians 31(1986); oUsing the Library to Meet the FirmTsBusiness Information Needs,� Legal Admin.,Summer, 1987, at 36.6. oBilling in the Private Law Library,�Legal Info. Mgmt. Rep., Spring, 1989.7. Burwell, oUsing A Library SoftwarePackage in the Law Firm Library,� in Private LawLibrarians 131 (1986); Johnson, oSoftware forLaw Firm Library Applications,� in Private LawLibrarians 199 (1986); Sapienza, oDevelopingan On-Line Catalog at Kadison, Pfaelzer,Woodard, Quinn & Rossi,� in Private Law Li-brarians 179 (1986); Seele, oManaging Technol-ogy in the Private Law Library to Facilitate theFlow of Information,� in Managing the PrivateLaw Library 95 (1988).8. Hambleton, oElectronic Technology andthe Law Firm Librarian,� 81 L. Libr. J.551 (1989).9. Glass and Richmond, supra note 2, at 84.10. Miller, oComputer Networking Comesof Age,� NatT L.J., October 8, 1990, at 27, col. 1;Sullivan, oAutomated Networks in the Law Li-brary and Law Office,� in Managing the PrivateLaw Library 109 (1988).11. oCreative Ways to Promote Your Li-brary,� L. Libr. Lights, Nov-Dec. 1988; Donaldson,oReference as a Public Relations Tool,� in PrivateLaw Librarians 345 (1986).12. Wrenn, oLibrary Orientation Pro-grams� in Private Law Librarians 295 (1986).13. oCurrent Comments: Librarians asEducators,� AALL Newsletter, Aug. 1990, at 35.14. Wallace, oFast Forward, or Legal Re-search in the Real World,� PLL Perspectives, Apt.-May 1990, at 1.15. DeGeorges, oBeyond Library Orienta-tion: Outreach Programs for the Law Library,�in Private Law Librarians 271 (1986); Callinan,oResearch Protocols in Reference Service: Infor-mal Instruction in Law Firm Libraries,� 82 L. Libr.J.39 (1990); Leon and Kerchof, oTeaching LegalResearch in Private Law Libraries,� PLL Perspec-tives, Sept.-Oct. 1990, at 1; Panella and Stein,oIn-House Legal Database Training: A Must forLaw Firms,� Legal Admin., Summer, 1987, at 53.16. Oaks, oCD-ROM - The Future is NotQuite Now,� L. Libr. Lights, May-June 1990, at 20.17. Metaxes, oProfessor Urges SpecialTraining for Computerized Legal Research,� Nat'lL.J., Dec. 15, 1986, at 4, col. 2.Spring 1991 " 29

BIBLIOGRAPHY OF SELECTED LEGAL RESOURSEScompiled byLaw Library StaffUniversity ofNorth Carolinaat Chapel Hill30 " Spring 1991The following lists some basic legal research materials that public, school, academic and special librariesmight want to collect. The first part outlines basic primary and secondary legal resources; the second part is abibliography of treatises about North Carolina law.Part I: Basic Primary and Secondary ResourcesPrimary law is found in (1) constitutions and legislative enactments; (2) rules and regulations of authorizedadministrative bodies; and (3) written opinions of the courts. Secondary sources of the law consist of other legalmaterials such as treatises, legal encyclopedias, periodicals and journals, form books and citators.A. Federal Materials:Federal statutes can be found in several resources: Congressional Record, United States Statutes at Large, UnitedStates Code, United States Code Annotated (West Publishing Company), and United States Code Service LawyersTEdition (Lawyers Co-operative/Bancroft Whitney). Federal rules and regulations are found in the Federal Registerand the Code of Federal Regulations.Court decisions also can be found in many resources. United States Supreme Court decisions are publishedin the resources listed below:(a) United States Reports (official edition, published by the U.S. Government);(b) United States Supreme Court Reports, LawyersT Edition (LawyersT Co-operative Publishing Company);(c) Supreme Court Reporter (West Publishing Company);(d) United States Law Week (Bureau of National Affairs);(e) United States Supreme Court Bulletin (Commerce Clearing House).Other federal court cases can be found in the Federal Reporter (federal court of appeals) and the FederalSupplement (federal district court). oDigests� are index-type resources used to locate cases on a specific subject;they exist for most jurisdictions and courts. For example, to locate U.S. Supreme Court cases on a particularsubject, use one of two digests for the United States Supreme Court, either the U.S. Supreme Court Digest (WestPublishing Company) or the U.S. Supreme Court Reports Digest (Lawyers Co-operative Publishing Company). Forfederal district courts and federal court of appeals cases, use the Federal Practice Digests, 2d, 3d and 4th, ModernFederal Practice Digest and the Federal Digest. (Digests also exist for state courts and regional reporters).B. State Materials:Materials to locate North Carolina statutes, cases, and administrative regulations and rules are very similarto federal materials. North Carolina legislation as passed by the North Carolina General Assembly is firstpublished as oratified bills,� similar to slip laws. Once codified, North Carolina laws can be found in the NorthCarolina General Statutes (Michie Publishing Company). Administrative rules and regulations are available in theNorth Carolina Administrative Code (agency/subject arrangement) and the North Carolina Register.Decisions from the North Carolina Supreme Court and Court of Appeals can be found in official andunofficial versions of case reporters. North Carolina Reports includes the decisions from the Supreme Court andNorth Carolina Court of Appeals Reports provides access to Court of Appeals cases. The unofficial version for NorthCarolina cases is the Southeastern Reporter, first series and Southeastern Reporter, second series. Users can locate casesona particular subject by using the North Carolina Digest, Southeastern Reporter Digest, and StrongTs North CarolinaIndex, 3d and 4th.C. Secondary Legal Resources:Listed below are secondary legal resources that some North Carolina librarians might find useful for theircollections. The resources are divided into broad categories: research guides; legal encyclopedias; legal periodicalliterature indexes; citation form books; dictionaries; and directories.1. Research GuidesHow to Find the Law (Cohen & Berring). 9th. edition. St. Paul, MN: West Publishing Company, 1989.Fundamentals of Legal Research (Jacobstein & Mersky). Mineola, NY: Foundation Press, 1987.Fundamentals of Legal Research Illustrated (an abbreviated version of the above).Effective Legal Research (Price, Bitner & Bysiewicz). Boston: Little, Brown & Company, 1979.Legal Research in a Nutshell (Cohen). 4th. edition. St. Paul: West Publishing Company, 1985.2. Legal Encyclopedias; Annotated Law ReportsAmerican Jurisprudence 2d. Lawyers Co-operative Publishing Company, 1940 " . (82 volumes updatedyearly; supersedes American Jurisprudence (1936-1940).Corpus Juris Secundum. West Publishing Company, 1936 " (150+ volumes updated yearly; earlier edition" Corpus Juris (1911-1936). (o. . . a complete restatement of the entire body of American law mainly in thelanguage of the courts, based upon the authority of all the reported cases from 1658 to date.�)American Law ReportsFirst Series - 1911-1948; second series - 1948-1965; third series - 1965-1980; fourth series - 1980 to date.3. Legal Periodical Literature IndexesIndex to Legal Periodicals; Current Law Index; Legal Resources Index; Legaltrac (Information Access); Index toForeign Legal Periodicals; and Index to Periodical Articles Relating to Law.North Carolina Libraries

North Carolina Libraries4. Citation Form BooksA Uniform System of Citations (oBlue Book�). 14th. edition. Cambridge, Mass: Harvard Law Review Asso-ciation, 1986.The University of Chicago Manual of Legal Citation (oMaroon Book�). Chicago: University of Chicago, 1989.5. DictionariesBlackTs Law Dictionary: definitions of terms and phrases of American and English jurisprudence ancient andmodern. Sth ed. St. Paul: West Publishing Company, 1979.Words and Phrases. 46 volumes. St. Paul: West, updated yearly.6. DirectoriesDirectories are very prevalent in the legal field. Many directories such as Martindale-Hubbell Law Directory andthe American Bar provide information about individual attorneys and law firms. Other directories focus on specificgroups of lawyers or their locations. Some sample titles are American Bench, North Carolina Legal Directory, LawyersTList, WhoTs Who in American Law, Directory of Women Attorneys in the United States, and AALS Directory of LawTeachers.Part II. Treatises about North Carolina LawThe following list of books about North Carolina law represents merely a sample of illustrative titles that areavailable should a library determine a need in a particular area. The list is not comprehensive and does not attemptto recommend one title over another title.Adams, Wesley Thad. Personal injury and property damage, preparation for trial: the law in North Carolina.Norcross, GA: Harrison Co., 1980. 148 p.Bocchino, Anthony J. & J. Alexander Tanford. North Carolina trial evidence manual. Charlottesville, VA: MichieCo., 1976. 1 vol. (looseleaf).Brandis, Henry. Brandis on North Carolina evidence. 3d. ed. Charlottesville, VA: Michie Co., 1988. 2 vols.Constangy, H. William. North Carolina employer-employee handbook: North Carolina laws and regulations pertain-ing to employers and employees and their relationship. Norcross, GA: Harrison Co., 1976.Douglas, Robert D. Forms: a comprehensive and accurate compilation of legal and business forms for use in the stateof North Carolina. 3rd ed. Charlottesville, VA: Michie Co., 1983. 4 vols.Edwards, Mark B. North Carolina probate handbook. 3d ed. Norcross, GA: Harrison Co., 1982. 287 p.Edwards, Mark B. & Sidney C. Ward. North Carolina and federal estate and tax planning. Norcross, GA: HarrisonCo., 1974. 471 p.Edwards, Sandra. Children and juveniles: the law in North Carolina. Norcross, GA: Harrison Co., 1981. 103 p.Finberg, Barney & Emily Hightower. Products liability: the law in North Carolina. Norcross, GA: Harrison Co.,1980. 130 p.First Union National Bank. N.C. wills and trust manual for lawyers with tax tables. Charlotte, NC: 1979 - .First Union National Bank. NC wills and trusts. Charlotte, NC: 1979 - .Hightower, Emily. North Carolina law of damages. Norcross, GA: Harrison Co., 1981. 479 p.Kelso, Lloyd T. North Carolina divorce, alimony and child custody. Norcross, GA: Harrison Co., 1983. 318 p.Lee, Robert E. North Carolina family law. 4th. ed. Charlottesville, VA: Michie Co., 1979. 4 vols. 4th ed.North Carolina National Bank. Will and trust manual for lawyers with tax tables. Charlotte, NC: NCNB, 1982.1 vol.Potter, J. Reid. North Carolina appellate handbook. Charlottesville, VA.: Michie Co., 1978. 243 p.Price, Ronald M. North Carolina criminal trial practice forms. Norcross, GA: Harrison Co., 1979. 413 p.Price, Ronald M. North Carolina criminal trial practice. Norcross, GA: Harrison Co., 1985. 628 p.Price, Ronald M. Personal injury and property damage defenses and immunities: the law in North Carolina. Norcross,GA: Harrison Co., 1980. 120 p.Robinson, Russell M. Robinson on North Carolina corporate law and practice with forms. Norcross, GA: HarrisonCo., 1990. 825 p.Ruby, Jack E. Labor Law: the law in North Carolina. Norcross, GA: Harrison Co., 1982.Ruskell, Richard C. & Nancy E. Settle. Personal injury and property damage, causation and parties: the law in NorthCarolina. Norcross, GA: Harrison Co., 1980. 117 p.Schiro, Gregory W. & Lilona S. Schiro. Real estate residential loan closings: the law in North Carolina. Norcross,GA: Harrison Co., 1980. 213 p.Schiro, Lilona S. Collection of accounts: the law in North Carolina. Norcross, GA: Harrison Co., 1979. 569 p.Schiro, Lilona S. N.C. real estate title searches. Norcross, GA: Harrison Co., 1982.Settle, Nancy E. & Theodore R. Smith. Landlord and tenant breach and remedies: the law in North Carolina.Norcross, GA: Harrison Co., 1980. 110 p.Sheffield, Walter L. Civil procedure forms. St. Paul, MN: West Publishing Co., 1981. 2 vols.Shuford, William A. North Carolina civil practice and procedure. 3d. ed. Atlanta: Harrison Co., 1988. 587 p.Snyder, John H. North Carolina code of criminal procedure. Rutherfordton, NC: Snyder Publications, 1978. 1 vol.(looseleaf).Snyder, John H. North Carolina elements of criminal offenses. Rutherfordton, NC: Snyder Publications, 1984. 4th ed.114 p.Thorp, William L. ThorpTs North Carolina trial practice forms. 2d. ed. Norcross, GA: Harrison Co., 1984. 444 p.Wachovia Bank and Trust Company. Wachovia will and trustmanual. Winston-Salem, NC:,, 1985 -. 1 vol. (looseleaf).Webster, James A. WebsterTs real estate law in North Carolina. Rev. ed. Charlottesville, VA: Michie Co., 1981. 688 p.Wiggins, Norman Adrian. Willis and administration of estates in North Carolina. 2d ed. Norcross, GA: Harrison Co.,1983. 2 vols.Spring 1991 " 31

BIBLIOGRAPHY CONTINUED ...SELECTED LisT OF LEGAL PUBLISHERSFoundation Press, Inc.Post Office Box 64526St. Paul, MN 55164§16-248-2561Harrison Company3110 Crossing ParkNorcross, GA 30071800-282-9867Harvard Law Review Assoc.Gannett HouseCambridge, MA 02138617-495-7888Hein & Company Inc.1285 Main StreetBuffalo, NY 14209800-828-7571Institute of GovernmentKnapp BuildingUNC-CH, CB # 3330Chapel Hill, NC 27599919-966-4119Lawyers Co-operative Pub. Co.One Groves StreetRochester, NY 14694716-546-5530Little, Blown & CompanyLaw Division34 Beacon StreetBoston, MA 02106617-227-0730The Michie CompanyPost Office Box 7587Charlottesville, VA 22906804-295-6171North Carolina National BankCharlotte, NC 28255704-374-5000Snyder Publications107 Ridgeland DriveRutherfordton, NC 28139Want Publications Co.1511 K Street, N.W.Washington, DC 20005202-783-1887West Publishing Co.P.O. Box 64526St. Paul, MN 55102612-228-2561North Carolina Giving:The Directory of the State's FoundationsNorth Carolina Giving isthe most complete, authoritative guideto the state's more than 700 privatecharitable and community foundations.It is a vital resource for nonprofitorganizations and institutions, or foranyone seeking grants.Please send meNorth Carolina Giving at $99.00 per copy.Enclosed is my check for $Instructions for the Preparation of Manuscripts forNorth Carolina Libraries1. North Carolina Libraries seeks to publish articles, book reviews, andnews of professional interest to librarians in North Carolina. Articlesneed not be of a scholarly nature, but they should address professionalconcerns of the library community in the state.2. Manuscripts should be directed to Frances B. Bradburn, Editor, NorthCarolina Libraries, Joyner Library, East Carolina University, Greenville,N.C. 27858.3. Manuscripts should be submitted in triplicate on plain white papermeasuring 81/2" x 11".4. Manuscripts must be double-spaced (text, references, and footnotes).Manuscripts should be typed on sixty-space lines, twenty-five lines to apage. The beginnings of paragraphs should be indented eight spaces.Lengthy quotes should be avoided. When used, they should be indentedon both margins.5. The name, position, and professional address of the author shouldappear in the bottom left-hand corner of a separate title page.6. Each page after the first should benumbered consecutively at the top right-hand corner and carry the authorTs last name at the upper left-hand corner.7. Footnotes should appear at the end of the manuscript. The editors willrefer to The Chicago Manual of Style, 13th edition. The basic forms forbooks and journals are as follows:Keyes Metcalf, Planning Academic and Research Library Buildings. (NewYork: McGraw, 1965), 416.Susan K. Martin, oThe Care and Feeding of the MARC Format,�American Libraries 10 (September 1979): 498.8. Photographs will be accepted for consideration but cannot be returned.9. North Carolina Libraries is not copyrighted. Copyright rests with theauthor. Upon receipt, a manuscript will be acknowledged by the editor.Following review of a manuscript by at least two jurors, a decision will becommunicated to the writer. A definite publication date cannot be givensince any incoming manuscript will be added to a manuscript bank fromwhich articles are selected for each issue.Issue deadlines are February 10, May 10, August 10, and November 10.NORTH CAROLINAEMENorth Carolina Givingprovides all the information that isneeded to easily identify appropriatefunding sources. The directory iscross-referenced with indexes bycounty, areas of interest and boardThe Directory of the State's FoundationsBy Anita Gunn-ShirleyPublished by Capital Consortium, Inc.members, saving you countless ~scanhours of research.copies ofName:Title:Order your copy of thislimited edition today.ISBN: 0-9624910-0-4Organization:Address:Return to: North Carolina Giving, CapitalConsortium, PO Box 2918, Raleigh,North Carolina 27602 919/833-455332 " Spring 1991Phone:North Carolina Libraries

NortTH CAROLINA LIBRARY ASSOCIATION AWARDSThe 1990-91 Membership Committee requests your recommendations for persons you consider worthy for theNorth Carolina Library Association Distinguished Service Award, Honorary and Life Members Awards. Suggestionsshould be accompanied by a biographical sketch, including contributions to libraries and librarianship. These sugges-tions should be sent to the Committee Co-Chairperson by June 14, 1991.The NCLA by-laws provide for the Membership Committee to seek suggestions from all members and to recom-mend names for these honors to the Executive Board prior to the Biennial Conference.Criteria for selection are as follow:1. Honorary memberships may be given to non-librarians in the state who have rendered important services to thelibrary interests of North Carolina. Honorary memberships should be given at a time considered appropriate in relationto the contribution made.2. Life memberships may be given to librarians who have served as members of the North Carolina Library Associa-tion and who have made noteworthy contributions to librarianship in the state. These memberships are limited tolibrarians who have retired.3. The Distinguished Service Award may be given to a professional librarian or in memory of a deceased profes-sional librarian who distinguished professional library services to North Carolina, significant service or other profes-sional contributions provided during either a short or long span of time, and service resulting in a regional or nationalimpact on librarianship in general.4. Contributions of all nominees should have had impact beyond the local level.Please send your recommendations to:Sylvia Sprinkle-Hamlin, Co-ChairMembership CommitteeForsyth County Public Library660 West Fifth StreetWuo Cotiects Wuat? SOurCooperative Collection BoDevelopment of Local History eMaterials In North Carolina OmupAnyA symposium sponsored by NCLAs RoundTable on Special CollectionsChapel Hill, N.C., May 29-30, 1991Local history materials are disappearing at an alarming rate intop publishersNorth Carolina. Who is responsible for collecting and preserving g reat personal servicethese valuable materials? Who is already collecting? Can, and do ° °the major repositories collect everything? How can your institu- com parative pricestion acquire local materials that may otherwise be lost forever?Attend this first of its kind statewide symposium and help answerthese questions.high fill rate & fast deliveryfull processingSpeakers include William S. Powell, John David Smith, and adozen practicing librarians and archivists. : ;for more information please call:For further information and registration materials, contact:Eileen McGrath ROBERT MOSERNorth Carolina Collection CHAPEL HILLWilson Library CB 3930University of North Carolina 1 -800-223 fe 3 25 1Chapel Hill, NC 27599-3930Phone: (919) 962-1172. Representing quality adult and juvenile publishersNorth Carolina Libraries Spring 1991 " 33

PoIntVote Yesfor a County Law Library Systemones Dy Anna Donnallyccess to legal information is an essential element of equal justice. Unfortunately, forthe average North Carolina citizen, gaining access to legal information is difficult. Infact, it is probably safe to say that lay people find locating the answers to their legalquestions without a lawyer nearly impossible. Thus, access to legal information isbased on the ability to pay, unless a person is charged with a serious crime. While nota panacea, a statewide system of law libraries which meets some minimum standardsfor collections and staffing should be established.Questions about the legal aspects of marriage and divorce, business operations, child care,preparation of wills and trusts, regulation of firearms, building codes, and the legal rights oflandlords and tenants are common information needs. People often need more information thancan be provided through popular works on a subject or through referral to the applicable statute,ordinance, or regulation. Certainly, this is true of individuals involved in litigation. While anargument may be made that a lawyerTs expertise is still required for interpretation of the legalinformation, there is considerable material that is intelligible to the person. Furthermore, thelayperson is not alone in the need for access to the resources ofa law library. Small law firms and solopractitioners are often unable to afford necessary legal reference materials.Public libraries cannot provide the necessary materials in most cases. Building a law collectionis not cheap and often this is not the primary mission of the public library. While some legalresources, such as state statutes, local ordinances and the U.S. Code, are commonly found in publiclibrary reference collections, more specialized but essential legal reference tools, such as courtreporters, are not. Furthermore, few public library reference staffs are trained to use legal materials.Although nearly all North Carolina counties maintain a law library of some type, they varywidely in collection sizes, staff expertise, and organizational structures. Few meet the standardsrecommended by the State, Court and County Law Libraries Section of the American Association ofLaw Libraries. These standards recommend that the county law library be supervised by a olawlibrarian who is professionally trained with adequate experience.� Likewise, adherence to therecommendations regarding collections are observed probably more in the breach than in theobservance in North Carolina.Administratively, county law libraries may fall under the jurisdiction of the local public librarysystem, district attorneyTs office, clerk of court, or some combination of the above. The majority ofcounties support their law libraries with court facilities monies. North Carolina General Statutessection 7A-304.2a sets uniform costs and fees in superior or district court and mandates that fundsderived from facilities fees shall be used exclusively by the counties or municipalities for ocourtroomand related judicial facilities� including a oJaw library (including books) if one has heretofore beenestablished or if the governing body hereafter decides to establish one�. This money is collected bythe Clerk of Court and usually goes into a countyTs general fund. Since there is no prescribed portionto be spent for maintenance of a law library, funding is made at the discretion of the local board ofcounty commissioners.Given the extreme diversity of North CarolinaTs county law libraries and the minimal legalcollections at most public libraries, access to reliable legal information is by no means easy.Corporate and academic law libraries are not found in many areas of the state and, in any case,typically have no mission to serve the general public. The answer to the problem of public access tolegal materials seems obvious: build on strengths. Public funds are already being used to maintaincounty law libraries; the legislation is on the books. It seems logical to build on this weak existingstructure to create a strong network of law libraries across the state.Minimum state standards should be established for collections and staffing. A system for... see Donnally continued on page 3934 " Spring 1991 North Carolina Libraries

Vote Nofor a County Law Library Systemby Harry Tuchmayer, Column Editorriting an opinion that opposes expanded public library services, no matter whatthe reasoning and no matter what the service, is probably not very smart. Afterall, libraries traditionally have argued the importance of reaching all segmentsof the population " even lawyers! But something doesnTt sit right withproviding one small group this extraordinary service. I am not against lawlibraries per se, but lam opposed to separate facilities for specialized collections.Why should taxpayers support a library that is not designed for them, doesnot have convenient hours, and most importantly, does not collect the material they need most?I understand that most county law libraries evolved from small collections of often used resources,such as the North Carolina Digest and the Southeastern Reporter, that judges and county attorneysfound indispensable for their work. I understand also that a single purchase of other expensivesources and services, housed in a convenient location in or near the courthouse, greatly assists theentire legal community. But the fact of the matter remains, those that benefit most are the small firmsand independent lawyers who lack the financial resources to buy these expensive yet indispensableotools of the trade.� Does the public library, or the taxpayer, buy sophisticated diagnostic tools forthe independent auto mechanic? When was the last time the public library set up and operated thedatabase of a local business at the taxpayersT expense?Public libraries do, and always have, provided specialized resources for specialized groups withinthe confines of an existing multi-purpose facility. Many libraries support wonderful local history andgenealogical collections while others have developed excellent small business collections. But theseexamples are fundamentally different than providing for and staffing a separate facility. In these andother instances, such specialized olibraries� are part of a larger service open to all communityresidents. As a result, users of these specialized libraries differ in their knowledge of the subject, andmore importantly, they differ as to their needs. Consequently, these collections are developed toaccommodate the widest possible array of users, necessitating the purchase of both basic andadvanced resources. When was the last time a separate county law library purchased fifteen copiesof Separation and Divorce in North Carolina or How to Avoid Probate?Why should the public library, already strapped for funds to meet the spiraling cost of standingorders, be burdened with maintaining these services? When was the last time your county law librarycanceled its subscription to oseldom used resources� the way most state university libraries wereforced to do with their own periodicals budget? In fact, if demand were the criteria for retention, mostlaw libraries would be closed tomorrow because they serve such a small group of users. ItTs not thatITm against law libraries, but I do question just whose responsibility it is to maintain one. Theestablishment of such a facility undoubtedly increases the quality of legal services in a community,much as the creation of well funded public libraries benefits the cultural and economic well being ofan area. But paying for this service from an already strapped library budget does not truly reflect theteal costs for either service to the community. Taxpayers have a right to know what it really costs tomaintain and support all aspects of the judicial system, just as they do when it comes to supportingtraditional library services. Tying the funding of county law libraries to the judicial budget, and not thepublic libraries budget, better reflects the true cost of this service and might enhance the ability of a lawlibrary to increase operating budget and expand services.Public libraries can and should work with the legal community to provide exceptionalcollections of legal materials for all users. But true justice demands equality, and as far as I can tell,we have tilted the scales of justice in favor of the few when support is provided for the creation ofseparate facilities.North Carolina Libraries Spring 1991 " 39

ConcerningKAYE GIBBONSFirst there wasELLEN FOSTERoA memorable heroine who rescues herselfT " New York TimesNext there wasA VIRTUOUS WOMANoA small masterpiece� "San Francisco ChronicleNow comesA Cure for DreamsoGibbonsTs homespun feminism never overpowers her lyric intent in thiseloquent celebration of feminine strength in adversity�"Kirkus ReviewsoGibbons . . . has captured magnificently the dailiness and sense ofcommunity life"from midwives and WPA ballads tosuicides and men gone wild�"Library JournaloGibbons limns an engaging portrait of a possessive mother and her obedientdaughter as the foreground of a larger canvas depicting womenTs rolesin a society bound by tradition, convention and poverty�"Publishers WeeklyDonTt miss this memorable new novel by one of the most giftedyoung novelists to come along in years. As Walker Percysaid of her first book, oItTs the real thing.�ALGONQUIN BOOKS OF CHAPEL HILLa division of Workman Publishing Co., Inc.Post Office Box 2225 Chapel Hill, North Carolina 27515-222536 " Spring 1991 North Carolina Libraries

Library Research in North CarolinaAs I consider the factors which influence the amount andkind of research conducted by librarians, I realize that a lack oftime or financial support may deter many of us from undertakingprojects. Of these two, lack of financial support is probably thegreater stumbling block. By doing a little investigating, I havediscovered grants and awards which are available to librarianswho wish to conduct research. I present the following summariesas a spur to readers who have ideas but not the backing to pursuethem. In each entry the source of the information is indicated byan abbreviated title reference, ALA for the ALA Handbook of Or-ganization! and DRG for the Directory of Research GrantsT. Thenumber that follows oALA� is a page reference: an item designa-tion follows oDRG.�Various programs are offered to librarians regardless ofprofessional specialization and with few restrictions concerningthe nature of the research:Carroll Preston Baber Research Grant (DRG-786)This grant is given annually to support research that could oleadto an improvement in services to any specified groups of people�and with the potential to serve as a model for the librarycommunity. Special consideration will be given to proposalsfocusing on technological applications and to those involvingcooperation between libraries and other agencies, or betweenlibrarians and persons in other disciplines. Any ALA membermay apply for this $10,000 grant. For more information contactMary Jo Lynch, Baber Jury Staff Liaison, (312) 944-6780; Ameri-can Library Association, 50 E Huron St., Chicago, IL 60611.(Herbert W.) Putnam Honor Award (ALA-193)This is an award of $500 which is opresented as a grant-in-aid toan American librarian of outstanding ability for travel, writing, orany other use that might improve his or her service to the libraryprofession or to society.� The Putnam Award will next be pre-sented in 1992. Further information is available from the ALAStaff liaison, Elaine K. Wingate.Whitney-Carnegie Awards (ALA-195)These awards oare granted to individuals for preparation ofguides to research resources. The aids must be aimed at a schol-arly audience but have general applicability. The awards covercosts appropriate to the preparation of a useful product, includ-ing the cost of research and compilation. The maximumamount awarded is $5000; the amounts and number of awardsare at the Publishing CommitteeTs discretion and vary from yearto year. Preference is given to projects for which the AmericanLibrary Association can serve as publisher.� Contact the ALAIlene Nelson, Column EditorPublishing Committee for more information at 50 E. Huron St.,Chicago, IL 60611.Council on Library Resources Faculty/Librarian CooperativeResearch Program Grants (DRG-1503)oThis cooperative program is designed to enhance the researchskills of librarians and to promote better communication be-tween librarians and teaching faculty.� The maximum amount ofthe grant is $3000. A detailed description can be requested fromthe Cooperative Research Program, (202) 483-7474; Council onLibrary Resources, 1785 Massachusetts Ave. NW, Washington,DC 20036.Council on Library Resources General Research Grants(DRG-1504)oProposals are accepted for carefully developed projects to ex-plore topics directly related to the generation, accessibility, anduse of recorded information, especially where the results arelikely to support library objectives. Individuals from any academicdiscipline who have an interest in the broad subject of informationand its use are urged to explore their ideas with the CLR staff.�The grants are modest in amount and are not intended to covercontinuing operating costs or salaries. Appropriate proposaltopics include othe influence of computer and other technolo-gies on library operations and management; the informationrequirements of major disciplines, including the relationshipbetween characteristics of information and its utility; interna-tional aspects of library service; and the economics of libraries.�For details contact General Research Grants, (202) 483-7474;Council on Library Resources, 1785 Massachusetts Ave. NW,Washington, DC 20036.For librarians who want to do research and travel, too, thereare several relevant grants:PLA/CLSI International Study Award (ALA-206)C.L. Systems donates this award of up to $5000 for the purposeof supporting oa study tour abroad that will stimulate interest inthe development of an international study project with publiclibraries outside the United States and enable a staff member ofa United States public library to carry out an international studyproject that will further and improve international understand-ing among public libraries worldwide.� Information and formsare available from the Public Library Association, 50 E. Huron St.,Chicago, IL 60611.North Carolina LibrariesSpring 1991 " 37

Martinus Nijhoff International West European Specialist StudyGrant (ALA-201)A maximum of 10,000 Dutch guilders is awarded annually toenable an ALA member oto study some aspect of West Europeanstudies, librarianship, or the booktrade." The grant covers airtravel to and from Europe, transportation in Europe, and lodgingand board for no more than fourteen consecutive days. Theprimary criterion for awarding the grant is the significance andutility of the proposed project as a contribution to the study ofthe acquisition, organization, or use of library materials from orrelating to Western Europe. Application guidelines are availablefrom ACRL.Bogle International Library Travel Fund (DRG-964)oAwards of $500 are granted to librarians to travel abroad to studyand/or attend first international conferences.� Interested librar-ians should contact Robert A. Doyle, ALA International RelationsCommittee, (312) 944-6780; American Library Association, 50 E.Huron St., Chicago, IL 60611.Fulbright Scholar Awards (DRG-2192)oThe Council for International Exchange of Scholars awardsFulbright Scholarships to Americans for advanced research or foruniversity lecturing abroad . . . Awards for U.S. citizens includeapproximately 300 grants in research and 700 grants in univer-sity teaching and lecturing for periods ranging from 3 months toan academic year. There are openings in over 100 countries, andin a few cases, the opportunity for multi-country research isavailable.� Requirements include U.S. citizenship; Ph.D. or com-parable professional qualifications; university or college teach-ing experience for lecturing awards; and for selected assign-ments, proficiency in a foreign language. Grant benefits includeround-trip travel for the grantee, and for most full academic yearawards, one dependent; maintenance allowance to cover livingcosts of grantee and family; tuition allowance, in many countries,for school-age children; and book and baggage allowances. Formore information contact the Country Program Officer, FulbrightScholar Awards, (202) 686-6240; Council for International Ex-change of Scholars; 3400 International Dr. NW, Ste M-500;Washington, DC 20008-3097.Harold Lancour Scholarship for Foreign Study (DRG-3031)oThis scholarship is awarded to a librarian or graduate libraryscience student for foreign study and research in the librarysciences.� The maximum amount of the award is $1000. Toobtain application forms, contact the Executive Secretary, PhiMu International Library Science Honor Society, University ofPittsburgh, Pittsburgh, PA 15260, (412) 624-9439.Library/Book Fellows Program (DRG-3108)oFunded by the U.S. Information Agency and administered bythe ALA, this program was initiated to place U.S. library andpublishing professionals in institutions overseas for periods ofseveral months to one year. The programTs purpose is twofold: toenable U.S. librarians and publishers to enrich and broaden theircareer experiences through a short period of overseas service inresearch and development; and to increase international under-standing through the establishment of professional and personalrelationships and the accomplishment of mutual goals. Eight toten fellows a year are sent around the globe to work on projectssuch as developing a university-level library science curriculum,setting up a system for automating library functions, and devel-oping and promoting American studies collections in host coun-tries. Other work has included organizing a national archivalcollection, training host-country librarians in traditional andautomated information retrieval techniques, and promoting thetranslation and distribution of U.S. books. Each year host institu-tions submit proposals by November 1, and new countries areselected and positions are announced January 1.� Applicantsmust be U.S. citizens and must be educated and experienced inthe field of library or information science, publishing, or otherfields directly related to the interests and needs of specificprojects. A command of the language of the host country isdesired for all applicants and may be required for some specificassignments. For more detailed information contact Robert P.Doyle, Director, Library/Book Fellows Program, (800) 545-2433,American Library Association, 50 E. Huron St., Chicago, IL60611.There are also various grant programs which are designed tosupport librarians with particular specializations:(Frances) Henne YASD/Voice of Youth Advocates (VOYA) Re-search Grant (ALA-208)This annual grant of $500 is intended to provide seed money forsmall scale projects which will improve library service to youngadults. oApplicants must be a members of YASD, although theresearch project may be undertaken by an individual, an institu-tion, or a group.� Further information is available from ALA staffliaison Linda Waddle.World Book Grant (DRG-5794)This annual $1500 grant supports continuing education inschool or childrenTs librarianship. Funds might be used, forexample, for attending a special workshop or to underwrite asabbatical. The grant may be divided among no more than threeMUMFORD¢ Over 90,000 Books in Stock¢ Over 10,000 Titles¢ 13 Years of Servicee "Hands On" Selection¢ Pre-School Through Adult(904) 737-264938 " Spring 1991RELIABLE WHOLESALER SINCE 1977"Nothing like seeingfor yourself."MUMFORD LIBRARY BOOKS, SOUTHEAST, INC.7847 Bayberry Road « Jacksonville, Florida 32256North Carolina Representative " Phil May¢ Discounts up to 70% Off¢ Now Two Adjacent Warehouses¢ Sturdy Library Bindings¢ 100% Fill* Cataloging/Processing Available1-800-367-3927.North Carolina Libraries

applicants. The applicant must be a member of the CatholicLibrary Association. Detailed application information can beObtained from Michael W. Rechel, Director of Publications/Media, (215) 649-5251, Catholic Library Association, 461 W.Lancaster Ave., Haverford, PA 19041.Readex/GODORT/ALA Catharine J. Reynolds Award(ALA-203)This annual $2000 award offers financial support to documentslibrarians for otravel and/or study in the field of documentslibrarianship or in an area of study that will directly benefit theirperformance as a documents librarian.� Contact the ALA Gov-ernment Documents Round Table for details.(Samuel) Lazerow Fellowship for Research in Acquisitions orTechnical Services (ALA-200)This annual award of $1000 was established oto foster advancesin acquisitions or technical services by providing librarians inthose fields a fellowship for research, travel, or writing.� Thefellowship is administered by the Association of College andResearch Libraries. 50 E. Huron St., Chicago, IL 60611.Bowker/UlrichTs Serials Librarianship Award (DRG-981)This $1500 award is given for ocontribution to serials librarianshipin areas of professional association participation, library educa-tion, serials literature, research, or development of tools leadingto better understanding of the field of serials.� To apply, contactthe Association for Library Collections and Technical Services,(312) 944-6780, American Library Association, 50 E. Huron St.,Chicago, IL 60611.MLA Research, Development, and Demonstration ProjectsAwards (DRG-3481)oThe purpose of this award is to provide support for research,development, and demonstration projects which will help topromote excellence in the field of health science librarianshipand information sciences. Grants will not be given to support anactivity which is operational in nature or has only local useful-ness.� Students in graduate library science programs as well aspracticing health sciences librarians are eligible to apply. ContactAnn Landretti, Program Services Assistant, Grants and Scholar-ship Program, (312) 419-9094, Medical Library Association, 6 N.Michigan Ave, Ste 300, Chicago, IL 60602.Database and Expert Systems Research Grants (DRG-1578)This grant supports oresearch fundamental to the design, devel-opment, management, and use of database and knowledge-basedsystems. Research topics include conventional databases andknowledge base extensions, database support in distributedsystems, expert systems, and information retrieval. Request in-formation about Program No. 47.070 from Dr. Maria Zemankova,Program Director, Database and Expert Systems, Division ofInformation, Robotics, and Intelligent Systems, Directorate forComputer and Information Science and Engineering, (202) 357-9570, National Science Foundation, 1800 G St NW, Washington,DC 20550.References1. ALA Handbook of Organization 1989/1990 and Membership Direc-tory, ed. Gerald G. Hodges (Chicago: American Library Association, 1989).2. Directory of Research Grants. (Phoenix: The Oryx Press, 1990).North Carolina LibrariesDonnally continued from page 34 ...allocating fixed percentages of court costs to the county lawlibrary should be established, based perhaps on a countyTspopulation. All of the existing county law libraries have basiccollections in place which need not be duplicated by the localpublic library. Developing these collections to meet the pro-posed minimum state standards would not be accomplishedovernight and might well require help from the state level.Provision for the training of county law library staff should becoordinated at the state level (perhaps by the AdministrativeOffice of the Courts). Reciprocal agreements regarding bothmaterials and professional expertise should exist between thecounty law library and the public library. The StateTs library andinformation science schools and law librarians in academic, firm,and other settings also could assist as needed with training andother professional expertise.The need for a system designed to serve the legal informa-tion needs of all North Carolinians is undeniable. Establishmentof a strong system of county law libraries building on thefacilities already in place is a feasible solution to this problem.Stafford continued from page 27 ...Principal Clerk, SenateRoom 2020, Legislative Bldg., Jones St., Raleigh, NC 27761919-733-7761State Library109 E. Jones St., Raleigh, NC 27601-2807919-733-3270, Public libraries use INWATSSupreme Court Library500 Justive Bldg., 2 E. Morgan St., P.O. Box 28006, Raleigh, NC 27611-8006919-733-3425SALEM PRESS/MAGILL BOOKS"A Reputation for Reference"Be sure your library hasthese important collectionsMasterplotsMasterplots IIot aeons Ae og, We CartScienceCinemaCritical SurveysLiteratureLiterary AnnualsBibliographiesRALPH DAVISSales RepresentativeP.O. Box 144Rockingham, NC 28379919/997-4857919/997-3837Telephone:Fax:Spring 1991 " 39

NORTH CAROLINASeRobert G. Anthony, Jr., Compilerhen one of the stateTs most popular, well-known, and admired native sonsdescribes a volume as othe most interesting book about North CarolinaITve ever read " and one of the most interesting books about anything,�most of us sit up and take notice. ThatTs what Charles Kuralt said aboutthis book, and the publisher has, appropriately, put that quotation onthe dustjacket.ItTs hard to find fault with KuraltTs evaluation. This anthology of one hundred essayswas designed as a sampler of the rich diversity of North Carolina. It fulfills that promise.The editorial combination of Jack Claiborne, longtime associate editor of The CharlotteObserver, and William Price, Director of the North Carolina Division of Archives andHistory, is a winner.The book is divided into four sections: environment, people, events, and osocialfabric.� Selections are brief, usually three or four pages, and are arranged roughly chrono-logically within each section. The editors used North Carolina writers whenever possible,and their choices are wise ones. Well-known voices of the state arehere: John Lawson, Gerald Johnson, Thomas Wolfe, Reynolds Price,Jonathan Daniels, Sam Ervin, Fred Chappell, Doris Betts, Terryack Claib nd Willi Price, eds. 3J EES a a a ee Sanford, and others. Harry GoldenTs classic, oThe Vertical NegroDiscovering North Carolina: Plan� for integration, is included, as is a revealing essay about BillyGraham by Frye Gaillard.A Tar Heel Reader Newcomers and natives alike will delight in the writings ofO. Henry and in essays about Chang and Eng Bunker, the originalSiamese twins; in George Moses Horton, the slave poet of ChapelHill; Frank Porter Graham; Andy Griffith; Ava Gardner; and JamesBuchanan Duke. Lesser known North Carolinians with equallycompelling stories include Harriet Jacobs, Clement Exum, AnnieLowrie Alexander, and Harriet Morehead Berry. The volume ends with essays by two ofthe stateTs best known contemporary historians, H. G. JonesTs oSeeking Inspiration fromHistory� and William S. PowellTs oWhy WeTre Called Tar Heels.�A few organizational changes would have made this anthology more useful. Thebook needs an index. While there is a table of contents, the titles of the essays often giveno indication of the subject. Who would know that an essay titled oA Buttoned-DownBoat-Rocker� is about Julius Chambers? And while the reader may guess that oA Power inthe East� is about Jesse Helms, itTs not so easy to guess that oA Prophet Without Honor�is Archibald De Bow Murphy. Similar examples abound. An index would also provideneeded access to topics or places within essays.Sources for each section are listed only in the back of the book. Putting the source atcoueosvisceciarsornt |! the end of each selection would have been helpful to readers. Each essay is preceded byeditorial comments. Printing those comments in italics or in some other distinctive typewould have helped the reader distinguish them easily from the essay following.These reservations, however, are minor in the overall evaluation of this fine volume.ItTs likely to be one that librarians and library users enjoy equally. Discovering NorthCarolina is recommended for middle school and above, for all public libraries, and foracademic libraries supporting local history collections or classes in North Carolinahistory. It would also be a welcome and much-used addition to personal bookshelves." Alice R. Cotten, University of North Carolina at Chapel HillChapel Hill: University of NorthCarolina Press, 1991.372 pp. $24.95. ISBN 0-8078-1931-X.DISCOVERING40 " Spring 1991 North Carolina Libraries

ans of Raney Bell and Mattie Rigsbee, heroines of Clyde EdgertonTs earlier comicnovels, will welcome Killer Diller with eagerness. On the other hand, anyonewho was offended by the gentle fun the author had with Southern Baptists inhis first two books had better avoid his latest offering. While Raney and WalkingAcross Egypt good humoredly described the simple, sincere faith of unsophisti-cated small town people, Killer Diller goes after the calculated religious posturing ofcertain members of the churchTs bureaucracy with sharply pointed satire.Killer Diller is Wesley BenfieldTs story, continued about nine years after MattieRigsbee of Walking Across Egypt took him in from the reformatory and tried to civilizehim. (Mattie, having slowed down quite a bit, is unfortunately a veryminor character in this novel.) Wesley is twenty-four years old now and afaithful churchgoer, bricklayer, aspiring blues musician, and, because ofhis unfortunate inability to pass up a car with the keys left in it, aClyde Edgerton. resident of BOTA House (BOTA for Back on Track Again), a halfwayFs 3 house run by Ballard University.Killer Diller Ballard University is an up-and-coming Baptist school. Among itsChapel Hill: Algonquin Books, 1991. many community service projects are Nutrition House, where overweight247 pp. $17.95. ISBN 0-945575-53-X. Christians can solve their problems with the help of Jesus; ProjectPromise, a vocational education program in which BOTA residents tutorspecial education students; and a gospel band called the Noble Defendersof the Word. These all generate favorable publicity for the university, as well as somegrant money. The administration is also quietly courting Eastern LinkComm, an impor-tant local industry, and hoping soon to be exerting influence in Washington.Wesley, in spite of all these good influences, is still essentially an unsocialized yahoo.Also he is nobodyTs fool. While heTs trying hard to be a good Christian, breaking himselfof swearing by putting on� in front of all the bad words (oNodamn!�), as he reads hisBible, he realizes thereTs a lot there that they donTt tell you about in Sunday School. IfDavid didnTt get in immediate trouble over Bathsheba, he reasons, why shouldnTt he putthe moves on Phoebe, his girlfriend from Nutrition House? WesleyTs freewheeling code ofethics and morality stands in sharp contrast to the slick hypocrisy of the universityTsadministrators, which he recognizes for what it is. His affection and concern for Mattieare genuine, and he has learned from her to do good to the least of his brethren, asevidenced in his relationship with Vernon, his possum-faced Project Promise student.The religious satire in Killer Diller may offend some readers, as may the equal oppor-tunity racial slurs voiced by some of the characters. The plot is disjointed; and theconclusion, which is told as a confusing dream Wesley has while fleeing Ballard withPhoebe, Vernon, and the Noble Defenders of the Word on their way to blues fame, isweak. Nevertheless, Edgerton has created some wonderful farce here, and the novel isrecommended for public, school, and academic libraries." Dorothy Hodder, New Hanover County Public Libraryublished for the Historic Preservation Foundation of North Carolina to com-memorate that organizationTs fiftieth anniversary, North Carolina Architecturebeautifully reflects significant advancements made in the field of architecturalhistory during the past half century. The book was inspired by Bayard Wootenand Archibald HendersonTs Old Homes and Gardens of North Carolina (1939) andby Frances Benjamin Johnston and Thomas Tileston WatermanTs The Early Architecture ofNorth Carolina: A Pictorial Survey (1941). All three titles contain important photographs ofsome of the stateTs architectural treasures, but the scope and scholarly underpinning ofBishirTs book enhance its value as an educational tool.The endnotes and bibliography provide clear evidence of the enormousCatherine W. Bishir. amount of research that enabled Bishir to write her lively narrative. Theauthor studied printed and manuscript sources in a variety of libraries andNorth Carolina archives. She also made free use of the scores of National Register ofHistoric Places nominations, research reports, and published architecturalArchitecture surveys written by staff members of, or consultants hired by, the NorthPhotography by Tim Buchman. Carolina Division of Archives and HistoryTs Survey and Planning Branch.Chapel Hill: University of North Bishir headed this branch from the early 1970s until 1987 and thus playedCarolina Press, 1990. an important role in the stateTs quest to preserve a record of a fast-disap-514 pp. $59.95. ISBN 0-8078-1923-9. pearing building environment.North Carolina LibrariesThis raw material provided a solid foundation for the authorTs carefullycrafted analysis of architectural styles and building types during the periodSpring 1991 " 41

afrom the early eighteenth century to about 1940. Unlike the writers of fifty years ago,Bishir explains architectural trends in terms of the socio-economic context in which theydeveloped. Furthermore, she discusses not only the premier plantation houses of theeighteenth and early nineteenth centuries, but also the homes or farm complexes ofpeople of modest means. These, like factories, commercial buildings, and structures builtRea Carlene Miehireenare by churches, educational institutions, and state and local governments are discussed inty Cerin Wii Pana Ti Badan part as the attempt of people to meet a need or to convey an image. Herein lies theJ educational value of the book. The reader learns why buildings were built and, in manycases, who designed them. Construction methods are discussed. Bishir tells about siteselection and how structures in a farm complex, mill village, or early twentieth-centurysuburb are related to one another.The bookTs many illustrations amplify these concepts. Floor plans for some of thebuildings reveal room relationships. Site plans show how farmers chose to locate theirbarns and other dependencies. Tim BuchmanTs exquisite black-and-white photographs ofexteriors often convey a sense of place. Interior views skillfully document woodwork orother decorative details. His eighteen color plates at the end of the text are a benediction.The Historic Preservation Foundation of North Carolina and its many benefactorsdeserve praise for sponsoring North Carolina Architecture. Providing a synthesis of manyyears of research, the book will serve the state well until additional survey work andhistorical research merit a new publication. Until then, schoolchildren and patrons ofall public and academic libraries in North Carolina will be inspired by what they find inthis volume." Maurice C. York, East Carolina Universityven though it was the sex that got folks excited over the Equal Rights Amend-ment, the ERA was no more about sex than it was about equality. In Sex, Genderand the Politics of ERA, University of North Carolina at Chapel Hill historyprofessors Donald G. Mathews and Jane Sherron De Hart claim that the fightover womenTs rights really boiled down to a gender conflict. This indepth lookat the struggle for ratification of the Equal Rights Amendment in North Carolina tracesits roots to the suffrage movement and places the North Carolina experience within thecontext of the national push for ERA ratification.The study is both chronological and topical. The authors first give a straightforwardhistory of the ERA in North Carolina in a concise and engaging narrative. The reader isintroduced to the multifaceted issues, the complex political process, and a long string ofkey players"the numerous women who organized on both sides of theissue and the legislators who fought the battle over the ERA.The second half of the book concentrates on what the ratificationexperience meant to those involved. Here the authors deliver anDonald G. Mathews and Jane Sherron De Hart. amazingly fresh and insightful analysis of the discourse between theSex, Gender, and the Po litics of two sides by exploring contested political territory through the sym-: d. bolic rhetoric of the warring factions.ERA: A State and the Nation The voices of the women themselves"extracted from Passionatetae speeches, strategic letters, and reflective interviews"give life to thisNew York: Oxford University Press, 1990. otherwise academic and complex discussion. By letting the women tell283 pp. $24.95. ISBN 0-19-503-858-4. much of the story in their own words, the authors break through thestereotypes of the olegal libbers� and the oemotional housewives� anddemonstrate how a bid for equality became a fight over the culturaldefinition of womanhood.In light of the thoroughness and sensitivity exhibited by the authors in this study, itis surprising to find so little mentioned about the role of black women and the relation-ship between the ERA and Civil Rights movements. Were there really so few black ERAactivists? If so, why? What were the responses of black communities to the ERA? Al-though the authors readily point out that the ERA was basically a movement of whitewomen, they never explore why this would be so and thus missed an excellent opportu-nity to look at the impact of race on what they have clearly defined as a gender issue.A more technical shortcoming of the book is the lack of a comprehensive bibliog-raphy. The footnotes are packed with valuable information on collections of personaland political papers, names of interviewees, references to newspaper articles, and| || citations to related books on the subject. Yet, with the exception of an appendix whichmeee _| lists the names and dates of interviews, there is no handy list which pulls all these"| sources together.42 " Spring 1991 North Carolina Libraries

These limitations should not discount the overriding value of the book which breaksnew ground on several fronts. The narrative provides a critical piece of North CarolinaTspolitical history. The analysis of the rhetoric used in the political process adds newdimension to current perceptions of the ERA conflict. An obvious choice for academiclibraries, this book would also be appropriate for most public libraries in the state." Ginny Daley, Duke Universityor the people of North Carolina, no twentieth century election has held themystique or the emotion of the 1950 U.S. Senate Democratic primary electioncampaigns between the liberal Frank Porter Graham and his conservativeopponent Willis Smith. Graham, long-time president of the consolidatedUniversity of North Carolina, was recognized internationally as a leadingproponent of social and racial reforms. In 1949 Governor W. Kerr Scott appointed himto a vacancy in the U.S. Senate, a selection that antagonized conservative Democratsthroughout the state. As the 1950 election approached, conservatives, fearful ofGrahamTs liberal tendencies, sought to identify a viable opponent who would be morepalatable to their own political convictions. Conservative Democrats found a championin the respected Raleigh attorney Willis Smith; and, with former U.S. Senator Robert B.Reynolds serving as a spoiler candidate in the first primary, the stage was set for the mostcontroversial campaign the state had experienced in modern times.The much beloved and universally respected oDr. Frank� was the overwhelmingfavorite for election, but 1950 was not a time for passionless deliberation. Many South-erners resented the liberal thrust of the Harry Truman presidentialadministration and the U.S. Supreme Court challenges to racialsegregation. Coupled with these issues was the frenzied rhetoric ofJulian M. Pleasants and U.S. Senator Joseph McCarthy, who claimed that the federal govern-Augustus M. Burns III. ment was overrun by Communist operatives and fellow travelers.Smith supporters took advantage of the fears and uncertainty ofFrank Porter Graham and the populace, as well as the political ineptness of Senator Graham° himself. Despite the repeated urging of his supporters, the senatorthe 1950 Senate Race in refused to renounce his membership or involvement in numerous. controversial organizations, criticize his opponent, or make campaignNorth Carolina. promises. Although Graham held a commanding lead in the firstChapel Hill: University of North Carolina primary, Smith supporters carried the run-off election by resorting toPress, 1990. distortions, personal attacks, and outright fabrications to prey upon356 pp. $29.95. ISBN 0-8078-1933-6. racial and economic fears. With this backdrop, there is little wonderthat the Graham-Smith campaign became known as the bitterest,most vicious, most racially oriented encounter of the twentiethcentury. The campaign also appears to have served as a training ground for many of thepolitical leaders who have since dominated North Carolina politics.Pleasants and Burns, both native North Carolinians who studied history at theUniversity of North Carolina at Chapel Hill, have crafted a highly readable, thoroughlyresearched, and carefully documented study of North CarolinaTs most emotionallycharged election. Rather than perpetuating traditions that sprang from the contest, theyhave carefully dissected the campaign and explored the strengths and weaknesses ofboth major candidates. While they extol the oChrist-like� qualities that endeared Dr.Graham to his multitude of followers, they also reveal the political and social naivetethat plagued Graham the candidate and continuously embarrassed and confounded hiscadre of handlers. This is a solid study not only of North Carolina politics but also of aera in the stateTs history when social change was wrenching at the very foundation ofthe peopleTs psyche. It gives concrete form to the dichotomy that was and in manyrespects still is North Carolina.There is no question that Frank Porter Graham and the 1950 Senate Race in NorthCarolina is an important study of modern North Carolina. Even younger readers, whowere not living in 1950, will relate the issues and the personalities to more recentcontests of which they do have recollections. The book should be included in everyacademic and major public library in the state." Donald R. Lennon, East Carolina UniversityoTRS ean Mars 2 RY SCS PS A OIYP AB AM RO A URE LE MD ES OR AEE SE TR RAE RET AONE OY IS EE ME ET EE ETE PENorth Carolina Libraries Spring 1991 " 43

OTHER PUBLICATIONS OF INTERESTDurham County: A History of Durham County, North Carolina by Jean Bradley Andersonis sure to be a model for future Tar Heel county histories. Wide-ranging and scholarly, well-illustrated, with extensive bibliography and personal name and subject indexes, plus appendixesof elected officeholders and local officials, the book details the history of this importantPiedmont county from Indian settlement through 1981, its centennial year. Great care has beentaken to include all aspects of the countyTs heritage"economic, political, educational, religious,social, and cultural. The result is an impressive work, one destined to be the definitive historyof Durham County for years to come. (1990; Duke University Press, 6697 College Station,Durham, North Carolina 27708; 611 pp.; $27.50; ISBN 0-8223-1056-2).Jerry Bledsoe has delighted Tar Heels for years with his columns in Greensboro andCharlotte newspapers. In The Bare-Bottomed Skier and Other Unlikely Tales, he gathers someof his funniest work, his first humor collection since the 1981 publication of WhereTs Mark Twainwhen We Really Need Him? The sixty selections in this latest collection offer ample evidence thatBledsoe, also the author of ten other books including the national bestseller Bitter Blood, retainshis radar-like ability to spot the comical. (1990; Down Home Press, P.O. Box 4126, Asheboro,N.C. 27204; 214 pp.; $14.95; ISBN 0-9624255-8-3).From the mid-1660s until shortly after World War I, the pursuit of whales frequentlybrought excitement to Tar Heel coastal waters. In Whaling on the North Carolina Coast, MarcusB. Simpson, Jr., and Sallie W. Simpson offer a well-crafted narrative of these encounters withEarthTs largest creatures. They tell how shore-based local residents seized beached whales or usedsmall rowing boats to reach ones trapped in shallow waters. Whalers in sailing ships, mostlybased in New York and New England, practiced pelagic, or open sea, whaling in deeper waters,especially in the oHatteras ground� northeast of Cape Hatteras. The authors also describe the~boats, whale guns, harpoons, and other equipment used; and they discuss the removal ofwhalebone, oils, and other valued parts from whale carcasses. The SimpsonsTs history of whalingwas first published in the North Carolina Historical Review, where it won the 1988 Robert D. W.Connor Award for best article. (1990; Historical Publications Section, Division of Archives andHistory, 109 East Jones Street, Raleigh, N.C. 27601-2807; 51 pp.; pbk.; $3.00, plus $1.00 postageand handling; ISBN 0-86526-242-X).The Paul Green Foundation, in association with Appalachian Consortium Press, hasrecently announced publication of Paul GreenTs Wordbook, anAlphabet of Reminiscence. This unique collection of tales, remedies,words, plant lore, games, songs, and other expressions of the people isa record of the interests and observations made during more than fiftyyears by the late Paul Green, North Carolina Dramatist Laureate andPulitizer Prize-winning playwright. Although best known for his dra- Paul GreenTs Wordbookmas, Green was also a writer of short stories, novels, essays, poetry, and ~An Alphabet of Reminiscencemotion picture screenplays. Through the generosity of the Mary DukeBiddle Foundation, the Prickett Fund, the Paul Green Foundation, and PAUL GREENmany private contributors, the two-volume, 1,280-page set is availablefree to North Carolina libraries. It may be obtained by writing to:Appalachian Consortium PressUniversity HallAppalachian State UniversityBoone, North Carolina 28608Libraries are asked to include $5.00 with their requests to cover shipping andpostage costs. If this cost presents a hardship, however, they may state so intheir letters of request.The eighty-eight columns collected by long-time Charlotte sportswriter Ron Green in FromTobacco Road to Amen Corner: On Sports and Life range widely over the sporting field"baseball, basketball, football, golf, boxing, automobile racing, track, and pool. As would beexpected, the legends are there, many with North Carolina roots, such as Charlie oChoo Choo�Justice, Richard Petty, Junior Johnson, David Thompson, Michael Jordan, Dean Smith, Billy JoePatton, Arnold Palmer. But GreenTs brief essays also celebrate the weekend golf game, the cornerpool hall, the scruffy angler on the coastal pier. Whether writing about the famous or theunsung"or of family and friendship in several non-sports columns"Green offers observationsabout life gleaned during his more than forty years of sportswriting. (1990; Down Home Press,P.O. Box 4126, Asheville, N.C. 27204; 215 pp.; $17.95; ISBN 0-9624255-9-1), _"__44 " Spring 1991North Carolina Libraries

\Librarians,When your libraryneeds children'sbooks, why not consultwith a specialist?At Book Wholesalers, we specialize in supplying libraries withchildren's books. We are large enough to supply you with every children's book youneed - yet small enough to offer you personalized, dedicated service. Quite simply, wework with you to make sure you will never have to worry about children's books again.We offer you:e One source ordering¢ Triple checks on all orders¢ 30 day delivery or status report of order guaranteed¢ Subject listings of books¢ Customized paperwork¢ Standing order plan¢ Representative visits to your library to assure great service¢ Electronic ordering: convenient toll-free ordering by FAX, telephone or computerOur goal is to delight you with our service.=ppW �"�s...,,BOOK WHOLESALERS, INC.2025 LEESTOWN RD. / LEXINGTON, KY. 40511600/213-9789, 1-800/888-4478, FAX 1-800-888-6319Contact us today and speak with one of our representatives about howwe can end your worries when ordering children's books!WsNorth Carolina Libraries Spring 1991 " 45

NortTH CAROLINA LIBRARY ASSOCIATIONMinutes of the Executive BoardOctober 19,1990The Executive Board of North Carolina Library Association metFriday, October 19, 1990, in the Crystal Coast Civic Center on theCarteret Community College Campus in Morehead City. The meetingwas called to order at 10:00 a.m. by President Barbara Baker, whointroduced Dr. Donald Bryant, President of the College.Board members present were: Janet Freeman, Amanda Bible,Michael LaCroix, Frances Bradburn, Pat Gregory Richards, DavidGleim, Martha Ransley, Judie Stoddard, Patricia Langelier, Pam Jaskot,Steve Sumerford, Sylvia Sprinkle-Hamlin, Renee Stiff, Nona Pryor,Jerry Thrasher, Nancy Massey, Johannah Sherrer, Melanie Collins,Gene Lanier, Howard McGinn, Jane Moore, Edward Shearin.Dr. Bryant welcomed the Board to the college and to MoreheadCity. Ed Shearin, Director of the Learning Resources Center, offered toconduct tours of the center after the meeting.Minutes of the April 20 meeting were corrected as follows: oandNorth Carolina Library Association� to be inserted in the sentence,oThe Department of Cultural Resources, State Library (insert) will beco-sponsoring the conference.� Omit the sentences, oSince this wouldbe the year for the NCASL Conference,� ending with oalso a possiblesite�, and oThe Membership Committee had a display at this confer-ence.� Change othe October 19 meeting will be at (the Seahawk Hotel)to (Carteret Community College).� Janet Freeman moved that theminutes be approved as amended. Seconded by Pat Langelier, themotion carried.The following corrections were made to the July 20 minutes:Insert oChair Gene Lanier sent a written report,� in the sentence,oIntellectual Freedom Committee (insert) and omit ohad no report.�Insert owill submit to the membership in September for approval� inthe sentence, oThe Section (insert) a Bylaws change and omit oap-proved.� Change oopen� to oall� in the sentence, othe ban onsmoking in (all) meetings.� Gene Lanier moved that the minutes beapproved as amended. Seconded by Pat Langelier, the motion carried.Treasurer Michael LaCroix reported that as of September 30, thechecking account balance was $13,718.36. A deposit of $50,000 is inan undesignated five-month CD and $23,695.47 is in a seven-day CD.Disbursements for July 1 - September 30 were $26,280.08.President Baker announced changes to the agenda to includereports from the following committees: Conference, AIDS, PublicRelations, Archives, Intellectual Freedom, and Literacy.Reporting for Doris Anne Bradley, Constitution, Codes, andHandbook Chair, President Baker announced that the new Handbookshould be ready for the January meeting. Information is needed onawards given by the Association. Information should be directed toDoris Anne Bradley or to Martha Fonville at the NCLA office.Steve Sumerford, the new Chair of the Literacy Committee,reported that approximately $1,500 was available from the LiteracyPartnership Conference that could be used by the Committee for apossible spring workshop. An interest questionnaire devised by hiscommittee of ten was shared with the Board.Sylvia Sprinkle-Hamlin, Membership Chair, requested that byNov. 4, a member from each NCLA committee recommend a memberto be on the membership committee.Janet Freeman, Conference Committee Chair, announced thatNCLA would be in High Point Nov. 12-15, and requested thatcommittees get information about programs to the committee on atimely basis to insure the success of the conference. Michael LaCroixreminded the Board that requests for program grants should besubmitted to Nancy Fogarty, Finance Chairman, as soon as possible.ChildrenTs Services has already confirmed their speaker.Pam Jaskot, Public Relations Chair, reported that ALA is sponsor-ing two programs, a photo contest, oYear of the Lifetime Reader�, andrepeating oNight of a Thousand Stars.� Discussion of the first oNightof a Thousand Stars� indicated that the program was moderatelysuccessful, but it was a lot of work for the response, and Wednesdaynight was a poor choice for rural areas where many people attendchurch on Wednesday night. The committee will determine whatto promote.Gene Lanier, Intellectual Freedom Chair, reported on numerouspresentations, incidents and responses, and specifically on a challengeto KiplingTs oHow the Leopard Got His Spots� in a school library inWatauga County, which was appealed by librarian Audrey Hartley tothe school board, which voted to retain the book. He noted that sinceMay there had been 3 cases involving police and confidentiality ofrecords. He stressed the need for librarians to be familiar with theconfidentiality law-Chapter 125, article 3 of the General Statutes. Healso pointed out that there would soon be new interpretations ofmeeting room policies, displays and exhibits, decorations andholidays, and fees for library services.Ed Shearin reported that Technology and Trends would bemeeting in January.Anne Berkley, Archives Chair, sent a report presented byPresident Baker, stating that NCLA records would be ready for depositin N. C. State Archives in November or shortly thereafter. Archivesonly accepts gifts and the donation needs to be authorized by acontract furnished by Archives. Melanie Collins moved that BarbaraBaker sign the contract authorizing the donation. Seconded by FrancesBradburn, the motion carried.Pauline Myrick sent a report from the Nominating Committee.Nominees for the 1992-93 biennium are: Vice-President/President-elect-Gwyndolyn G. Jackson and Sue Spencer; Secretary-Waltrene M.Canada and Joyce Orndoff; Director-Mae L. Rodney, Edward T.Shearin, Jr., Gay Williams Shepherd, and Helen Tugwell. Their picturesand biographical information will be in the Spring issue of NorthCarolina Libraries.Frances Bradburn, North Carolina Libraries Editor, reported thatNancy Bates would be the guest editor of the Summer 1992 issue andthe theme would be oLibrarians and the Political Process." Changes onthe editorial board are: John Welch replacing Howard McGinn asassociate editor but McGinn will remain on the board as a specialadvisor to the editor; Al Jones, from Elon College, will replace JinnieDavis; and Ilene Nelson will be research column editor.There was no report from the Trustees.Nancy Massey, Vice-Chair, Round Table on the Status of Womenin Librarianship has met three times this year and sponsored a highlysuccessful workshop, oPlateauing: How to Tread Water Without GoingUnder� on Aug. 9-10 at Forsyth County Public Library with sixtyparticipants. The Round Table will continue the publication Ms.Management and has confirmed Jill McCorkle, North Carolina novelist,as their speaker for the November biennial conference.Reporting for Maury York, Round Table on Special Collections,Frances Bradburn announced a symposium, oCooperative CollectionDevelopment of Local History Materials in North Carolina which isplanned for May 29-30 in Chapel Hill, Co-sponsored by the NorthCaroliniana Society, major support will be provided by theUniversityTs North Carolina Collection. The Round Table urgesrepresentation from all types of libraries.Renee Stiff, Round Table on Ethnic Minority Concerns Chair,announced a workshop, oManaging Communications and Conflict inthe Workplace,� to be held Nov. 2 at Forsyth County Public Library.The workshop is free to REMCo members and $10 for nonmembers.REMCo presented a position paper at the state regional White HouseConference held in Durham in September. Volume 6, No. 2 of theREMCo Newsletter has just been published.David Gleim, Resources and Technical Services, announced the46 " Spring 1991North Carolina Libraries

Rae amr, 2cs LR ST R A Y RE OCD D1FTTE AOEESTEIL IDLEDTOS E SCA O SS S S PAERES S ATORTE PTARRETE RINS SRA FPublication of Directory of Curriculum Materials Centers Serving NorthCarolina Teachers Education Programs, a 48-page guide compiled bycommittee member Joanna Wright and funded by RTSS. Copies are$5.00, available from Joanna Wright, Randall Library, UNC-Wilmington. Flyers were distributed which described the Oct. 25-26Conference. oMenu-Driven Libraries: Options for the 1990s, AConference on Customized Versus Standardized Technical and PublicServices.� Eighty-five have registered for the LSCA Title III fundedconference which will be held at the Durham Hilton Hotel. Thenewsletter, NCLA/RTSS Update, will be issued in November.Johannah Sherrer, Reference and Adult Services, reported 80registered for the highly successful workshop, oReference 2000:Blending Artistry and Technology," which was held Sept. 28 at ForsythCounty Public Library. A copy of the program and the results of apreconference attitudinal survey of library directors were passedaround. The workshop was funded with an LSCA Title III grant.President Baker presented a report submitted by Nancy Bates,Public Library Section. The Section Planning Council met Aug. 17. Thefollowing activities and plans were reported: The Audiovisual Com-Mittee is preparing a directory and has planned two fall workshops inAsheville and Fayetteville. The Development Committee is working onSuidelines for the 1989-91 Award which recognizes the developmentof worthwhile library programs, practices and procedures. TheGenealogy-Local History Committee has prepared a questionnaire onlocal history collections for public and community college libraries.The data will be compiled and made available to all libraries. TheGovernmental Relations Committee reported on Legislative Day onJune 6 and the efforts to retain the present state aid package ratherthan securing more funds. The Personnel Committee completed theSurvey on certification and recertification and forwarded it to thePublic Library Certification Commission. The tabulation showed thereare no clear-cut national trends on these two issues. The PublicRelations Committee is completing arrangements for a conference inFayetteville Nov. 29-30. The Committee applied for an NCLA ProjectGrant. The Young Adult Committee is continuing the Grassrootsnewsletter and received an NCLA Project Grant to update andcomputerize the mailing list.Judie Stoddard, reporting for the Paraprofessional Association,Stated that committees had been appointed and now that SampsonCounty Library has a new director, Ann Thigpen will have time tobegin plans for a workshop.Nona Pryor, NCASL Chair-Elect, presented Laura BensonTs report.More than 1,100 attended the Sept. 27-28 conference in High Point,with 350 attending the preconference on whole language conducted byauthor-educator Nancy Polette. Especially appreciated were the exhibitsfrom the Young Adult Committee of the Public Library Section, theAIDS Awareness Committee, and the State Library. Elsie Brumbackfrom the Dept. of Public Instruction received the Mary Peacock DouglasAward, and David Ricketts, Superintendent of McDowell CountySchools, was honored as the Administrator of the Year. Plans are beingdeveloped for a North Carolina ChildrenTs Book Award to be given incooperation with the ChildrenTs Services Section and to furtherpromotion of the Battle of the Books for middle school students.Melanie Collins, New Members Round Table, reported a meetingOn Oct. 16 at Harnett County Public Library. NMRT has plans to sendletters and membership brochures to library school deans and will tryto set up class visits. The program planned for the biennial conferenceis oMoving Up-Moving On, Coping With Change."Other conference activities include the Young Librarian Award,Friendly Booth Award, and the Baker and Taylor Grassroots Grantfor Students.President Baker presented the report submitted by Nancy Ray,Library Administration and Management Chair. LAMS held its firstworkshop, oTo Make Necessity A Virtue," Oct. 15 at the Holiday Inn ofSouthern Pines. Thirty-seven registered for this workshop, whichfocused on the effective management of people in an era of increasingexpectations with decreasing or stand-still resources. Joleen Ezzelledited the first newsletter, On The LAM{S}, and the second issue is tobe mailed in the late fall to the over 100 members of LAMS. Plans arebeing developed for a spring workshop or a leadership trainingprogram in conjunction with the biennial conference in November.There was no report from Documents.Pat Richardson presented the Community and Junior Collegereport submitted by Susan Janney. CJCS met Sept. 20 at the AHECLibrary in Charlotte and decided to prepare a display and a resolution,oThat the United States Federal Government restore and expandfunding for community and junior college libraries through programssuch as HEA grants. Such funding would provide books, materials,equipment, and services for which costs have increased, while localresources have decreased," for presentation at each of the RegionalGovernorTs Conferences. It was decided to have a semi-annualnewsletter edited by Mike McCabe. For the fall biennial conference,CJCS plans to sponsor an author, possibly Clyde Edgerton, and alsohave an exhibit.Martha Ransley, College and University Chair, reported thesection Board met Sept. 28 in Greensboro and made the followingplans: two Bibliographic Interest Group workshops, oPresentationSkills and the Design of Instruction,� to be held Feb. 22 at MeredithCollege and March 1 at Salem College; a workshop in April, oHowPeople Learn: Using Technology To Help People Learn�; and for thefall biennial conference, a program, oGlasnost for Libraries"Russianand United States Libraries,� featuring a professor whose specialty isthe Soviet Union, a librarian recently returned from a tour of RussianLibraries, and a panel of two Slavic bibliographers and the ALArepresentative to international libraries. The Bibliographic InterestGroup requests a one-hour slot for a meeting at the biennialconference.President Baker presented a report from Pat Siegfried, ChildrenTsServices Chair. The CSS Executive Board met Sept. 6 with all memberspresent. All 300 copies of Reel Readers have been sold and orders arestill coming in. It was decided to print an additional 200 copies. AChapbook Sampler issue was printed for distribution at the NCASLConference in High Point. Composition and length of the winter issuewas discussed. Plans for a spring workshop to follow up the 1989conference oChanging Needs . .. Changing Behaviors� was discussedand will be finalized at the November Board meeting. The boarddiscussed State Library ChildrenTs Consultant Cal ShepherdTs proposalto provide State Library mini-grants for innovative childrenTs pro-grams and encouraged her to pursue action on the proposal. CSSstaffed a membership table at the NCASL Conference in High Pointand presented the Notables Showcase. The Showcase appeared verysuccessful with 249 attending the media portion and 300 attendingthe book showcase.Patricia Langelier, ALA Councilor, stated that she would have areport in January following the ALA midwinter meeting.Jerry Thrasher, SELA Representative, announced there had been 9reservations for the chartered bus to the conference in Nashville.Thirty-three to thirty-five are needed to confirm the trip. He encour-aged attendance at the preconference, oUnderstanding and Relating toYour CommunityTs Power Structure� on Dec. 4-5. SELA exhibits havebeen requested for the GovernorTs Conferences in Winston-Salem andin Supply and will be provided. David Fergusson will become the SELArepresentative at the end of the conference on Dec. 8. Jerry expressedsincere appreciation for representing NCLA and SELA to each other forthe past four years.President Baker announced that a membership table had beenreserved for NCLA in the registration area at the SELA Conference. Aspecial request was received from SELA for items representative of thestate to be used in a silent auction to raise money to cover the all-conference reception expenses. After discussion, Melanie Collinsmoved that Barbara Baker be authorized to spend up to $100 to buyarticles for the auction. Seconded by Michael LaCroix. Martha Fonvillemoved that the motion be amended to increase the amount to $200.Seconded by Jerry Thrasher, the amended motion failed 8-7 with onedissension. The original motion carried.Old Business:Howard McGinn, State Librarian, discussed the previous requestfor NCLA to co-sponsor the ACC public service announcements. Hestated that each announcement was probably seen by over a millionpeople each time it was shown, that ACC schools were used becausethey donated the time and that commercial funds could not be usedto produce the spots because of the players status. Concern had beenexpressed over the use of opublic library� in the first announcements.That was because they were funded by public libraries. If NCLAsponsors a spot, opublico could be omitted.North Carolina LibrariesSpring 1991 " 47

LLFrances Bradburn moved that NCLA sponsor one NCAA basket-ball PSA at a cost of $2,500 with credit given to NCLA and the playerstating oStay in school and use your libraries.� Seconded by NancyMassey, the motion carried.Johannah Sherrer presented a petition from the Reference andAdult Services Section for a special release of funds to implement theMaryland Reference Training Model in N.C. The section is limited to$1,500 in conference monies, but the plan calls for NCLA to assist bycontributing $5,000, 40% of the total costs. Johannah Sherrer movedthat NCLA release an additional $3,500 in project monies for theimplementation of the Maryland Reference Training Model. Secondedby Nancy Massey, the motion carried.There was no new business.Howard McGinn, State Librarian, presented the following itemsin the report from the State Library:1. The participation and attendance of lay persons and govern-ment officials at the GovernorTs Conference is strongly urged.2. State budget woes continue. The State Library has been askedto identify an additional 1 1/2% for reducing their budget. It is hopedthat this would come from lapsed salaries. There is a fear that LSCAfunding may be reduced if there are additional budget cuts since amaintenance of effort level must be maintained to qualify for funding.LSCA titles I and III benefit all types of libraries. The film budget wascut $94,000 and other services will be reduced. Libraries that do notqualify for state aid will no longer receive services unless they qualifyor join a county library system. Also community colleges must jointhe Information Network to continue interlibrary loan service. Local,state and federal officials need to be made aware of the effect thebudget cuts will have on library services. Personal contact is urgent.3. The State Library exhibit at ALA was marvelous and will berepeated at AFA in Atlanta.4. An increase in state aid to public libraries and $500,000 forconstruction are being included in the new budget request.5. Summer Reading Program and Quiz Bowl are being put in theregular budget, not LSCA.6. Non-revenue bills that will be presented include a mandate toTired of making"permanent loans?"4 CheckpointTTomorrow's Technology for Today's Libraries�"�550 Grove Road « P.O. Box 188 « Thorofare, New Jersey 08086(800) 257-5540 * TELEX: 84-5396 » FAX: (609) 848-0937Wes Brewer, Sales Representative2921 Welcome DriveDurham, North Carolina 27705(919) 493-216148 " Spring 1991use acid-free paper for the core collection of state documents andgetting the ALA Bill of Rights written into law.7. Public and academic librarians are being trained to access theState Data Center through the Link database.8. Anne Marie Elkins has been hired as the new library consult-ant for the eastern part of the state.9. Legislative Day will include a noontime pig-picking at theState Library.10. A marketing director has been hired for the Library for theBlind and Physically Handicapped to expand their services.11. The State Library is looking at the National ResearchEducation Network (NREN) project to establish a nationwide highspeed data network.Jane Moore distributed awards program and membershipapplications for Friends of North Carolina Public Libraries. Thedeadline for entries is Feb. 15. Awards will be presented at the Friendsspring meeting.Martha Fonville, Administrative Assistant, reported that themembership data base is now independent and is being used for labelsand other lists. It can be searched by last name, but searching bymembership number is more reliable. A list of Executive Boardmembers and Committee Chairs was passed around to check foraccuracy before it is included in the new Handbook. The group wasreminded to allow extra time for bulk mailings and that the StateCourier mail can be used at half the cost of first class mail. An updatedNCLA membership report shows 2,538 members. The two largestsections are NCASL-1.133 and Public Library-346.President Baker reported that she had attended the LAMSworkshop, the NCASL Conference and the Family Literacy Partnershipconference and will be speaking at the Regional GovernorTs Confer-ence in Lenoir on Nov. 9. She expressed disappointment at the lack oflibrary representation at the literacy conference. Only 57 counties sentdelegations. Appreciation was expressed to Ed Shearin for the finerefreshments.Meeting adjourned at 12:40.Amanda Bible, SecretaryTAB BOOKSCurrent and BacklistTitles Available40% DISCOUNTNo Minimum OrderCURRENT EDITIONS858 Manor St.P.O. Box 4031Lancaster, PA 17604F. James DantroSales RepresentativeTel. Order 1-800-729-0620Fax Order 1-800-487-2278North Carolina Libraries

Nortu CAROLINA Liprary ASSOCIATION 1989-1991 EXECUTIVE BOARDPresident Editor, North Carolina Libraries New Members Round Table Resources and Technical ServicesBARBARA BAKER FRANCES BRADBURN MELANIE COLLINS SectionDurham Technical Joyner Library Harnett County Public Library DAVID GLEIMCommunity College East Carolina University PO Box 1149 Catalog Department, CB 3914Lillington, NC 27546 Davis Library, UNC-CHChapel Hill, NC 27599-3914Telephone: 919/962-0153919/962-04841637 Lawson Street Greenville, NC 27858-4353Durham, NC 27703 Telephone: 919/757-6076 Telephone: 919/893-3446Telephone: 919/598-9218 Fax: 919/757-6618 FAX: 919/893-3001Fax: 919/595-9412 Fax:Past-President North Carolina Association ofPATSY J. HANSEL School Librarians Round Table on Ethnic/MinorityVice-President/President ElectJANET L. FREEMAN Williamsburg Regional Library LAURA BENSON ConcernsCarlyle Campbell Library 515 Scotland Street High Point Public Schools RENEE STIFFMeredith College Williamsburg, VA 23185 900 English Road Shepard Memorial Library3800 Hillsborough StreetRaleigh, NC 27607-5298Telephone: 919/829-8531Fax: 919/829-2830SecretaryAMANDA BIBLEColumbus County Library407 N. Powell Blvd.Whiteville, NC 28472Telephone: 919/642-3116Fax: 919/642-3839TreasurerMICHAEL J. LACROIXEthel K. Smith LibraryWingate CollegeP.O. Box 217Wingate, NC 28174-0217Telephone: 704/233-8090Fax: 704/233-8254DirectorsSYLVIA SPRINKLE-HAMLINForsyth County Public Library660 West Fifth StreetWinston-Salem, NC 27101Telephone: 919/727-2556Fax: 919/727-2549H. DAVID HARRINGTONSales RepresentativeBritannica512 Brook StreetSalisbury, NC 28144Telephone: 704/633-0597ALA Councilor (4 Year Term)PATRICIA A. LANGELIERInstitute of GovernmentCB 3330 - Knapp Building,UNC-CHChapel Hill, NC 27599Telephone: 919/966-4130Fax: 919/962-0654SELA RepresentativeJERRY THRASHERCumberland County PublicLibrary300 Maiden LaneFayetteville, NC 28301Telephone: 919/483-1580Fax: 919/483-8644North Carolina LibrariesAdministrative Assistant (ExOfficio)MARTHA FONVILLENCLAc/o State Library of NC109 East Jones StreetRaleigh, NC 27601-1023Telephone: 919/839-6252Fax: 919/839-6252SECTION/ROUND TABLECHAIRSChildrenTs Services SectionPATRICIA SIEGFRIEDPublic Library of Charlotte &Mecklenburg County310 North Tyron StreetCharlotte, NC 28202Telephone: 704/336-6204Fax: 704/336-2000College and University SectionMARTHA RANSLEYJackson LibraryUNC-GreensboroGreensboro, NC 27412-5201Telephone: 919/334-5245Community and Junior CollegeSUSAN JANNEYCharlotte AHEC LibraryPO Box 32861Charlotte, NC 28232Telephone: 704/355-3129Documents SectionROBERT GAINESJackson LibraryUNC-GreensboroGreensboro, NC 27412-5201Telephone: 919/334-5251Library Administration andManagement SectionNANCY RAYSouthern Pines Public Library180 SW Broad StreetSouthern Pines, NC 28387Telephone: 919/692-8235High Point, NC 27260Telephone: 919/885-5161North Carolina LibraryParaprofessional AssociationANN H. THIGPENSampson-Clinton Pub. Library217 Graham StreetClinton, NC 28328Telephone: 919/592-4153Public Library SectionNANCY BATESDavidson Co. Public Library602 S. Main StreetLexington, NC 27292Telephone: 704/249-7011ext. 295Reference and Adult ServicesSectionJOHANNAH SHERRERWilliams R. Perkins LibraryDuke UniversityDurham, NC 27706Telephone: 919/648-2372NC Central University1801 Fayetteville StreetDurham, NC 27707Telephone: 919/560-6097Round Table on SpecialCollectionsMAURICE C. YORKJoyner LibraryEast Carolina UniversityGreenville, NC 27858-4354Telephone: 919/757-6617Fax: 919/757-6618Round Table on The Status ofWomen in LibrarianshipKAREN SEAWELLGreensboro AHEC1200 N. Elm StreetGreensboro, NC 27420Telephone: 919/379-4483Fax: 919/379-4328Trustees SectionTERRI UNION508 Cliffside DriveFayetteville, NC 28203Telephone: 919/483-2195Fax: 919/483-1091North Carolina Libraries, published four times a year,is the official publication of the North CarolinaLibrary Association. Membership dues include asubscription to North Carolina Libraries.Membership information may be obtained fromthe treasurer of NCLA.Subscription rates are $32.00 per year, or $10.00 perissue, for domestic subscriptions; $50.00 per year, or$15.00 per issue, for foreign subscriptions. Backfiles aremaintained by the editor. Microfilm copies are availablethrough University Microfilms.North Carolina Libraries is indexed by Library Literatureand publishes its own annual index.Editorial correspondence should be addressed to theeditor; advertisement correspondence should beaddressed to the advertising manager. Articles are juried.North Carolina Libraries is printed byMeridional Publications, Wake Forest, NC.Issue deadlines areFebruary 10, May 10, August 10, and November 10.Spring 1991 " 49

ABOUT THE AUTHORSTimothy L. CogginsEducation: B.A., North Carolina Wesleyan College; M.S., Simmons College; J.D., NorthCarolina Central University.Position: Associate Director of the Law Library & Clinical Assistant Professor of Law,University of North Carolina at Chapel Hill.Anna DonnallyEducation: B.A., East Carolina University; M.S.L.S., University of North Carolina atChapel Hill.Position: | Head of Central Adult Services, Asheville-Buncombe Library System.Laura N. GasawayEducation: B.A., Texas WomanTs University; M.L.S., Texas WomanTs University; J.D.,University of Houston. :Position: Director of the Law Library & Professor of Law, University of North Carolina atChapel Hill.Warren GrahamEducation: A.A., Central Piedmont Community College.Position: Library Safety and Security Coordinator, Public Library of Charlotte andMecklenburg County.James S. HellerEducation: B.A., University of Michigan; M.L.S., University of California at Berkeley; J.D.,University of San Diego.Position: Director of the Law Library & Associate Professor of Law,College of William and Mary.Nina N. LyonEducation: B.A., University of Alabama; M.Ln., Emory University.Position: | Main Library Services Director, Public Library of Charlotte andMecklenburg County.Constance M. MatzenEducation: B.A., University of Colorado; M.L.S., University of California at Berkeley; M.A.T.,Connecticut College for Women.Position: Director of Library Services, Smith, Anderson, Blount, Dorsett, Mitchell &Jernigan, Raleigh, NC.Janet SinderEducation: A.B., Cornell University; M.S., University of Illinois; J.D., University of Michigan.Position: | Senior Reference Librarian and Senior Instructor in Legal Research,Duke University School of Law Library.Louise H. StaffordEducation: B.A., West Virginia University; M.S.L.S.,University of North Carolina at Chapel Hill.Position: Librarian, North Carolina Supreme Court Library, Raleigh, NC.Thomas M. SteeleEducation: B.A., Oklahoma State University; M.L.S.,University of Oregon; J.D., University of Texas.Position: Director of the Law Library & Associate Professor of Law, Wake Forest University.50 " Spring 1991 North Carolina Libraries

aEEDITORIAL STAFFEditorFRANCES BRYANT BRADBURNJoyner LibraryEast Carolina UniversityGreenville, NC 27858-4353(919) 757-6076Associate EditorROSE SIMONDale H. Gramley LibrarySalem CollegeWinston-Salem, NC 27108(919) 721-2649Associate EditorJOHN WELCHDivision of State Library109 East Jones StreetRaleigh, NC 27601-2807(919) 733-2570Book Review EditorROBERT ANTHONYCB#3930, Wilson LibraryUniversity of North CarolinaChapel Hill, NC 27599-3930(919) 962-1172Advertising ManagerHARRY TUCHMAYERNew Hanover Co. Public Library201 Chestnut StreetWilmington, NC 28401(919) 341-4389Editorial AdvisorHOWARD F. McGINNDivision of State Library109 East Jones StreetRaleigh, NC 27601--2807(919) 733-2570TrusteesMRS. ERNEST M. KNOTTSRoute 2, Box 505Albemarle, NC 28001(704) 982-7434ChildrenTs ServicesSATIA ORANGEForsyth County Public Library660 West Fifth StreetWinston-Salem, NC 27101(919) 727-2556College and UniversityPLUMMER ALSTON JONES, JR.Iris Holt McEwen LibraryElon CollegeP.O. Box 187Elon College, NC 27244(919) 584-2338Community and Junior CollegePAT RICHARDSONWake Technical Community College9101 Fayetteville RoadRaleigh, NC 27603(919) 772-0551DocumentsLISA K. DALTONRockingham County Public Library598 Pierce StreetEden, NC 27288(919) 623-3168Junior Members Round TableDOROTHY DAVIS HODDERPublic Services LibrarianNew Hanover Co. Public Library201 Chestnut StreetWilmington, NC 28401(919) 341-4393N.C. Association of School LibrariansKATHERINE R. CAGLER. J. Reynolds High SchoolWinston-Salem, NC 27106(919) 727-2260North Carolina Library Paraprofessional AssociationJUDIE STODDARDOnslow County Public Library68 Doris Avenue EastJacksonville, NC 28540(919) 455-7350Public LibraryBOB RUSSELLElbert Ivey Memorial Library420 Third Street NWHickory, NC 28601(704) 322-2905Reference/Adult ServicesSUZANNE WISEBelk LibraryAppalachian State UniversityBoone, NC 28608(704) 262-2189Research Column EditorILENE NELSONWilliam R. Perkins LibraryDuke UniversityDurham, NC 27706(919) 684-2373Resources and Technical ServicesGENE LEONARDIShepard LibraryNorth Carolina Central UniversityDurham, NC 27707(919) 560-6220Round Table for Ethnic/Minority ConcernsBELINDA DANIELSLearning Resources CenterGuilford Technical Community CollegeJamestown, NC 27282-2309(919) 334-4822Round Table on the Status of Women in LibrarianshipELIZABETH LANEYCB#3360, 100 Manning HallUniversity of North CarolinaChapel Hill, NC 27599-3360(919) 962-8361nnn nn """North Carolina LibrariesSpring 1991 " 51

a a a NORTH CAROLINA LIBRARY ASSOCIATION ~""""""~;73 3}XFTCS�"�*W 7(-] New membership [-] Renewal [| Membership no.PositionBusiness AddressLibrary| || || ||| |City or Town State Zip Code. Phone No. Mailing Address (if different from above) :| CHECK TYPE OF DUES CHECK SECTIONS: (one included in basic dues; each additional section $7.00) || (1 FULL-TIME LIBRARY SCHOOL STUDENTS L] ChildrenTs Services ] New Members || (one biennium only) " $15.00 L] Ref. & Adult 1 College & Univ. || (J RETIRED LIBRARIANS " $20.00 CL] Comm. & Jr. College _] Documents || [1 NON-LIBRARY PERSONNEL: (1) Paraprofessional ] Public Library |(a) Trustees; (b) oFriends of Libraries� members; (1 Special Collections (_] TrusteesP| (c) Non-salaried " $25.00 CL] Status of Women || (1 LIBRARY PERSONNEL [1 Ethnic Minority Concerns || LJ Earning up to $15,000 " $25.00 CL) Library Administration & Management |§ up SIAN gi Earning $15,001 to $25,000 " $40.00 [1 NCASL (School Librarians) |ee Earning $25,001 to $35,000 " $50.00 (1 Resource and Technical Services || C1 Earning $35,001 and above " $60.00 || (INSTITUTIONAL (Libraries and library/education- AMOUNT ENCLOSED $ || related businesses) " $75.00 || (.] CONTRIBUTING (Individuals, associations, firms, etc. Mail to: North Carolina Library Association || interested in the work of NCLA) " $100.00 c/o State Library of North Carolina || 109 East Jones Street |& Raleigh, NC 27601-1023 =oe ["_" "_"VY WaMARCON Database Management SystemCustom Designed Information Management Systems For Archival, Library, Institutions, and Business Applications40372 " Spring 1991" Customized components are being used to index photographs, manuscripts,archival materials, architectural drawings, newspapers and other special collections." On site evaluations of special collections needs, on-site training, and localNorth Carolina support available.MARCON is the only user-friendly special collections database available on themarket today. You are up and running in a few hours with minimal staff training!" Lists can be generated on any field and every word can be indexed for abstractor text fields.ile Pes aoe Design for MARCONLee Street « Greenville, North Carolina 27858 « Telephone: (919) 756-4939North Carolina Libraries

The Kirklands ofAyr Mountby Jean Bradley AndersonAnderson chronicles the rise and fall ofWilliam KirlandTs fortunes and his descen-dantsT efforts to retain the family mansion,Ayr Mount. Includes the history of theirhandsome Federal style house and the his-torically important town of Hillsborough.approx. 230 pp., 33 illus., $29.95Walking theBlue RidgeA Guide to the Trails of theBlue Ridge Parkwayby Leonard M. AdkinsThis guidebook contains detailed descrip-tions of 122 official Blue Ridge Parkwaywalking trails and 75 other trails that crossthe Parkway.approx. 260 pp., approx. 12 illus., maps,$10.95 paperDiscovering North CarolinaA Tar Heel ReaderEdited by Jack Claiborne and William PriceThis engaging anthology features selections by or about some of the stateTs best-known sonsand daughters, from Daniel Boone to Ava Gardner. oThe most interesting book about NorthCarolina ITve ever read.� "Charles Kuralt290 pp., $24.95The Cape Hatteras The South forLighthouse New SouthernersSentinel of the Shoals Edited by Paul D. Escott andby Dawson Carr David R. GoldfieldDawson Carr tells the story of the Cape Introduces new Southerners to the pe-Hatteras lighthouse, the tallest in the culiar"if not bewildering "customs,lifestyle, and business style that theyencounter upon moving to the South.country and one of North CarolinaTs mostfamous landmarks, and speculates on itsprecarious future. approx. 200 pp., $22.50 cloth, $9.95 paperapprox. 160 pp., 35 illus., $7.95 paperThe North Carolina Railroad, 1849-1871, and theModernization of North Carolina _by Allen W. TreleaseAllen TreleaseTs study covers all aspects of the NorthCarolina RailroadTs history, from its construction toits role in the Civil War.approx. 460 pp., 23 illus. $37.50Fred W. Morrison Series in Southern Studiesavailable at bookstores or fromThe University of North Carolina PressPost Office Box 2288 © Chapel Hill, NC 27515-2288Toll-free orders: 1-800-848-6224

ADDRESS CORRECTION REQUESTEDEZOT-LO9ZZ PUTTOIeD YHON ~YsreTeyJoaI]g sauof ysey GOL ~eUTOIeD YWON Jo Aresqry a3eI1¢NOILVIOOSSV AUVUEIT VNITOUVO HLYON AHL JO NOLLVOITENd TVIOMIO ="_" SIRVAGI] VNIJOUVT) HONUpcoming IssuesSummer 1991 Young Adult ServicesRebecca Taylor and Gayle Keresey, Guest EditorsFall 1991 Library BuildingsPhil Barton and John Welch, Guest EditorsWinter 1991 Conference IssueSpring 1992 Anniversary Issue: History of Libraries in N.C. aeRobert Anthony, Guest Editor mun-Summer 1992 Librarians and the Political Process 0Nancy Bates, Guest Editor =eFall 1992 Telecommunications erateBill Stahl, Guest Editor a )Winter 1992 Preservation of Popular Culture ~ aAlice Cotten, Guest Editor oSpring 1993 Ethics in Librarianship "Marti Smith, Guest Editor aSummer 1993 ChildrenTs ServicesSatia Orange and Cal Shepard, Guest EditorsT6 2790Fall 1993 Social Issues in LibrarianshipJane Moore, Guest EditorWinter 1993 Conference IssueUnsolicited articles dealing with the above themes or any issue of interest to North Carolina librarians are welcomed.Please follow manuscript guidelines delineated elsewhere in this issue.dIvdAOVLSOd ~SsTNOLLVZINVDUO LdOUd-NONNorth Carolina Libraries is looking for seasonal photographs of library buildings across the state. If youhave a black and white photograph of your library that particularly portrays the building duringsummer, fall, winter, or spring, please send a copy to North Carolina Libraries, Frances B. Bradburn,Joyner Library, East Carolina University, Greenvile, NC 28585-4353.